§ 10-9-29. Rearrest of discharged person.
No person who has been discharged upon a writ of habeas corpus shall be again imprisoned or restrained for the same cause, unless he or she is indicted or charged by information therefor or convicted thereof, or committed for want of bail, by some court of record having jurisdiction of the cause, or unless, after a discharge for defect of proof or for some material in the commitment in a criminal case, he or she shall be again arrested on sufficient proof, and committed by legal process, for the same offense.
History of Section.C.P.A. 1905, § 679; G.L. 1909, ch. 305, § 28; G.L. 1923, ch. 356, § 28; G.L. 1938, ch. 584, § 28; G.L. 1956, § 10-9-29; P.L. 1974, ch. 118, § 2.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Section 10-9-1. - General right to writ.
Section 10-9-3. - Application for writ — Contents.
Section 10-9-4. - Issuance of writ — Forms.
Section 10-9-5. - Court to which writ returnable.
Section 10-9-6. - Return to Providence superior court when other courts not in session.
Section 10-9-7. - Receipt and return of writ.
Section 10-9-8. - Return or statement by person to whom writ directed.
Section 10-9-9. - Signature and oath to return or statement.
Section 10-9-10. - Body brought with return or statement.
Section 10-9-11. - Illness of person confined.
Section 10-9-12. - Remand, bail, or commitment pending judgment.
Section 10-9-13. - Failure of officer to deliver copy of process by which prisoner held.
Section 10-9-14. - Examination of cause of restraint — Adjournment.
Section 10-9-15. - Notice to party on whose process restraint based.
Section 10-9-16. - Notice to attorney general or complainant in criminal cases.
Section 10-9-17. - Denial of facts in return or statement — Hearing of evidence.
Section 10-9-18. - Discharge on failure to show cause for restraint.
Section 10-9-19. - Admission to bail.
Section 10-9-20. - Order as to bail when person held on civil mesne process.
Section 10-9-21. - Remand to custody.
Section 10-9-22. - Appeals and exceptions barred — Subsequent application to supreme court allowed.
Section 10-9-23. - Enforcement of writ by attachment as for contempt.
Section 10-9-24. - Attachment and commitment of a member of the division of sheriffs.
Section 10-9-25. - Forfeiture for failure to receive and execute writ.
Section 10-9-26. - Precept after disobedience of writ.
Section 10-9-27. - Transfer or concealment of prisoner with intent to avoid writ.
Section 10-9-28. - Common law remedies not barred by penalties.
Section 10-9-29. - Rearrest of discharged person.
Section 10-9-30. - Judicial powers not restrained.
Section 10-9-31. - Power of justices to admit to bail.
Section 10-9-32. - Judicial power to bring in criminal defendants and witnesses.