29-2809. Applicant discharged; rearrest for same offense prohibited; penalty; exceptions.

174 words·~1 min read·/ne/chapter-29/29-2809

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any person who shall be set at large upon any habeas corpus, shall not be again imprisoned for the same offense, unless by the legal order or process of the court wherein he or she shall be bound by recognizance to appear, or other court having jurisdiction of the cause or offense. If any person shall knowingly, contrary to sections 29-2801 to 29-2824 , recommit or imprison, or cause to be recommitted or imprisoned for the same offense or pretended offense, any person so set at large, or shall knowingly aid or assist therein, he shall forfeit to the party aggrieved five hundred dollars, any colorable pretense or variation in the warrant or commitment notwithstanding.

Principle of res judicata does not apply in cases of habeas corpus to judgment discharging prisoner when discharge was not upon merits but for defect of proof. State ex rel. Flippin v. Sievers, 102 Neb. 611, 168 N.W. 99 (1918).

To recover penalty, plaintiff must show statutory conditions exist. Hier v. Hutchings, 58 Neb. 334, 78 N.W. 638 (1899).