If it appears on the return that the prisoner is in custody by virtue of civil process of any court legally constituted, or issued by an officer in the course of judicial proceedings before him, authorized by law, such prisoner can only be discharged in one of the following cases:

1. A. when the jurisdiction of such court or officer has been exceeded either as to matter, place, sum or person;
2. B. where, though the original imprisonment was lawful, yet by some act, omission or event which has taken place afterward, the party is entitled to be discharged;
3. C. where the process is defective in some matter of substance required by law rendering such process void;
4. D. where the process, though in proper form, has been issued in a case not allowed by law;
5. E. where the person having the custody of the prisoner under such process is not the person empowered by law to detain him; or
6. F. where the process is not authorized by any judgment, order or decree of any court, nor by any provision of law.

History: Laws 1884, ch. 1, § 17; C.L. 1884, § 2028; C.L. 1897, § 2797; Code 1915, § 2605; C.S. 1929, § 63-117; 1941 Comp., § 25-1117; 1953 Comp., § 22-11-17.

ANNOTATIONS

No constitutional right invaded if trial's total result was fair. — In determining whether the deprivation of constitutional rights amounts to a denial of due process the inquiry on habeas corpus is directed to a review of the entire proceedings, and if the total result was the granting to accused of a fair and deliberate trial, then no constitutional right has been invaded, and the proceedings will not be disturbed. Orosco v. Cox, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668.

In habeas corpus proceeding supreme court may receive evidence outside record to establish the absence or loss of jurisdiction through denial of any of the rights guaranteed to a prisoner at the bar by either the United States or New Mexico constitutions. Orosco v. Cox, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 90.

Habeas corpus to test constitutionality of ordinance under which petitioner is held, 32 A.L.R. 1054.

Habeas corpus in case of sentence which is excessive because imposing both fine and imprisonment, 49 A.L.R. 494.

Power to grant writ of habeas corpus pending appeal from conviction, 52 A.L.R. 876.

Habeas corpus as remedy for delay in bringing accused to trial or to retrial after reversal, 58 A.L.R. 1510.

Illegal or erroneous sentence as ground for habeas corpus, 76 A.L.R. 468.

Habeas corpus as remedy where one is convicted, upon plea of guilty or after trial, of offense other than one charged in indictment or information, 154 A.L.R. 1135.

Mistreatment of prisoner lawfully in custody as ground for habeas corpus, 155 A.L.R. 145.

39 C.J.S. Habeas Corpus § 110.