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  6. Title 17 - Criminal Procedures
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  8. Chapter 17 - Habeas Corpus


Chapter 17 - Habeas Corpus


  • Section 17-17-10. Persons entitled to writ of habeas corpus.
  • Section 17-17-20. Forfeiture of entitlement in certain cases.
  • Section 17-17-30. Authority of judges to grant writs of habeas corpus.
  • Section 17-17-40. Authority of any two magistrates to grant writs of habeas corpus.
  • Section 17-17-50. Persons to whom writ shall be directed.
  • Section 17-17-60. Service of writ.
  • Section 17-17-70. Handling of prisoner after service of writ; payment of charges; return of writ.
  • Section 17-17-80. Time within which prisoners must be brought before court.
  • Section 17-17-90. Granting of writ during term of court.
  • Section 17-17-100. Transfer of matter for hearing to judge of court in county where prisoner was convicted.
  • Section 17-17-110. Granting of writ after adjournment.
  • Section 17-17-120. Discharge only after notice given to Attorney General, Circuit Solicitor, or attorney acting for State.
  • Section 17-17-130. Discharge of prisoner after hearing; recognizance in judge's discretion, appearance in the following term of court.
  • Section 17-17-140. Right to appeal from decision on writ.
  • Section 17-17-150. Person discharged shall not be rearrested or committed for same offense.
  • Section 17-17-160. Officers shall execute writ.
  • Section 17-17-170. Penalty for officers neglecting their duty.
  • Section 17-17-180. Recovery of penalties.
  • Section 17-17-190. Suspension of habeas corpus by Governor.
  • Section 17-17-200. Effect of suspension of writ.
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