The officer shall forthwith remand such party, if it appears that he is detained in custody, either:

1. A. by virtue of process issued by any court or judge of the United States in a case where such court or judge has exclusive jurisdiction; or
2. B. by virtue of the final judgment or decree of any competent court, or of any execution issued upon such judgment or decree; or
3. C. for any contempt, specially and plainly charged in the commitment by some court, officer or body having authority to commit for the contempt so charged; and
4. D. that the time during which such party may be legally detained has not expired.

History: Laws 1884, ch. 1, § 16; C.L. 1884, § 2027; C.L. 1897, § 2796; Code 1915, § 2604; C.S. 1929, § 63-116; 1941 Comp., § 25-1116; 1953 Comp., § 22-11-16.

ANNOTATIONS

Decision not by "competent" court when constitutional guarantees denied. — For a court to be competent, jurisdiction must be present, and that jurisdiction clearly may be lost. When certain constitutional guarantees are denied, overlooked or omitted, the conviction or sentence is not by a "competent" court. Orosco v. Cox, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668.

Petitioner remanded if facts constituting contempt appear on petition's face. — If the facts required in the third subdivision (Subsection C) appear on the face of the petition, the motion to dismiss and remand should be allowed. In re Sloan, 1891-NMSC-011, 5 N.M. 590, 25 P. 930.

Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 157.

39A C.J.S. Habeas Corpus § 221.