Upon a hearing on a writ of habeas corpus, if no legal cause for the imprisonment or restraint of a party is shown, he must be discharged; but, if it appears that he is held or detained in custody by virtue of process issued by a court or judge of the United States in a case of which such court or judge has exclusive jurisdiction or by virtue of any legal engagement or enlistment in the army or navy of the United States or, being subject to the rules and articles of war is confined by anyone legally acting by authority thereof, or is in custody for any public offense committed in any other state or territory for which, by the Constitution and laws of the United States, he should be delivered up to the authority of such state or territory or that he is otherwise legally detained, he must be remanded.
Structure Code of Alabama
Title 15 - Criminal Procedure.
Section 15-21-1 - Persons Entitled to Prosecute Writ - Generally.
Section 15-21-3 - Persons Entitled to Prosecute Writ - Persons Confined as Insane.
Section 15-21-4 - Application to Be Made by Petition; Contents of Petition.
Section 15-21-5 - Description of Party if Name Uncertain or Unknown.
Section 15-21-6 - To Whom Petition Addressed.
Section 15-21-8 - Writ to Be Granted Without Delay; to Whom Writ Returnable.
Section 15-21-9 - Form of Writ.
Section 15-21-12 - Notice to Any Other Person Having Interest Required.
Section 15-21-14 - Issuance of Precept; Execution of Precept by Sheriff or Constable.
Section 15-21-15 - Subpoenas for Witnesses.
Section 15-21-16 - Service of Writ.
Section 15-21-17 - When Return to Be Made; Form and Contents of Return.
Section 15-21-19 - Proceedings When Person Not Produced on Account of Sickness or Infirmity.
Section 15-21-21 - When Party to Be Discharged or Remanded.
Section 15-21-23 - Judgment, etc., or Contempt Commitment Not to Be Inquired Into.
Section 15-21-24 - Grounds for Discharge of Person in Custody Under Process Legally Issued.
Section 15-21-26 - Reimprisonment for Same Cause After Discharge.
Section 15-21-28 - Penalty - Refusal or Neglect to Deliver True Copy of Detention Order, Etc.
Section 15-21-30 - Attachment to Compel Obedience and Punish for Contempt.
Section 15-21-31 - Penalty for Transferring Custody, etc., So as to Elude Service or Effect of Writ.
Section 15-21-32 - Proceedings Against Defaulting Witnesses.
Section 15-21-33 - Taxation and Collection of Fees and Costs of Witnesses.
Section 15-21-34 - Summoning and Compensation of Guards to Convey Prisoner.