It is unlawful for any court, on a second writ of habeas corpus obtained by the prisoner to discharge the prisoner if he is clearly and specifically charged in the warrant of commitment with a criminal offense; but the court on the return of such second writ has power only to admit such prisoner to bail, where the offense is bailable by law, or remand him to prison where the offense is not bailable or where such prisoner fails to give the bail required.
Source: R.S. p. 355, § 6. G.L. § 1328. G.S. § 1614. R.S. 08: § 2924. C.L. § 6493. CSA: C. 77, § 8. CRS 53: § 65-1-8. C.R.S. 1963: § 65-1-8.
Structure Colorado Code
Title 13 - Courts and Court Procedure
Article 45 - Habeas Corpus - General Provisions
§ 13-45-101. Petition for Writ - Criminal Cases
§ 13-45-102. Petition for Relief - Civil Cases
§ 13-45-103. Hearing - Pleadings - Discharge
§ 13-45-104. Witnesses - Duty of Sheriff
§ 13-45-105. Court to Examine Witnesses
§ 13-45-106. Bail - Recognizance - Binding Witness - Repeal
§ 13-45-107. Remand - Second Writ - Offenses Not Bailable
§ 13-45-108. Second Writ - Bailable Offense
§ 13-45-109. Once Discharged - Reimprisonment
§ 13-45-110. Prisoner Not to Be Removed - When
§ 13-45-111. Removal of Prisoners - Causes
§ 13-45-112. Judge Refusing or Delaying Writ - Penalty
§ 13-45-113. Failure to Obey Writ - Penalty
§ 13-45-114. Avoiding Writ - Penalty
§ 13-45-116. Detention After Release - Penalty
§ 13-45-117. Forfeitures Go to Use of Prisoner
§ 13-45-118. Recovery of Forfeiture Not Bar to Civil Suit
§ 13-45-119. Writ to Testify or Be Surrendered - Run to Any County - Copy - Fees