532.550. Person discharged cannot be again imprisoned--exceptions. - Missouri Statutes

Person discharged cannot be again imprisoned--exceptions.

532.550. No person who has been discharged, by the order ofany court or associate circuit judge, upon a writ of habeascorpus issued pursuant to this chapter, shall be againimprisoned, restrained or kept in custody for the same cause; butit shall not be deemed the same cause:

(1) If he shall have been discharged from a commitment on acriminal charge, and be afterward committed for the same offenseby the legal order or process of the court wherein he shall bebound by a recognizance to appear, or in which he shall beindicted or convicted for the same offense; or

(2) If, after a discharge for defect of proof, or for anymaterial defect in the commitment in a criminal case, theprisoner may again be arrested on sufficient proof, and committedby legal process for the same offense; or

(3) When the discharge in any case has been ordered onaccount of the nonobservance of any of the forms required by law,and the party is again arrested for imprisonment, by legalprocess, for sufficient cause, and according to the formsrequired by law.

(RSMo 1939 § 1643)

Prior revisions: 1929 § 1479; 1919 § 1929; 1909 § 2494