13-4132. Discharge of prisoner held on process
If it appears, on the return of the writ, that the prisoner is in custody by virtue of process from any court of this state, or judge or officer thereof, the prisoner shall be discharged in any one of the following cases subject to the restrictions of section 13-4131:
1. When the jurisdiction of the court or officer has been exceeded.
2. When the imprisonment was at first lawful, but by some act, omission or event, which has taken place afterward, the party has become entitled to be discharged.
3. When the process is defective in some matter of substance required by law rendering the process void.
4. When the process, though proper in form, has been issued in a proceeding not authorized by law.
5. When the person having custody of the prisoner is not the person authorized by law to detain him.
6. Where the process is not authorized by a judgment, order or decree of any court, nor by any provision of law.
7. Where a party has been committed on a criminal charge without reasonable or probable cause.
Section: Previous 13-4125 13-4126 13-4127 13-4128 13-4129 13-4130 13-4131 13-4132 13-4133 13-4134 13-4135 13-4136 13-4137 13-4138 13-4139 NextLast modified: October 13, 2016