2011 New Mexico Statutes
Chapter 44: Miscellaneous Civil Law Matters
Article 1: Habeas Corpus, 44-1-1 through 44-1-38
Section 44-1-28: Detention for same offense after discharge on habeas corpus prohibited; when permissible.
44-1-28. [Detention for same offense after discharge on habeas corpus prohibited; when permissible.]
No person who has been discharged upon a habeas corpus shall be again imprisoned or restrained for the same cause, unless indicted therefor, convicted thereof or committed for want of bail by some court of record having jurisdiction of the cause; or unless after a discharge for a defect of proof or for some material defect in the commitment in a criminal case, he is again arrested on sufficient proof and committed by legal process.
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