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2006 Utah Code - 78-35-3 — Recommitment after discharge forbidden -- Exceptions.

     78-35-3.   Recommitment after discharge forbidden -- Exceptions.
     No person who has been discharged by order of the court or judge upon habeas corpus shall be again imprisoned, restrained, or kept in custody for the same cause, except in the following cases:
     (1) if he has been discharged from custody on a criminal charge and is afterward committed for the same offense by legal order or process.
     (2) if, after discharge for defect of proof or for any defect of the process, warrant or commitment in a criminal case, the prisoner is again arrested on sufficient proof and committed by legal process for the same offense.

No Change Since 1953

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