15-21-26
Section 15-21-26 Reimprisonment for same cause after discharge. When a person has once been
discharged on habeas corpus, he cannot be again imprisoned, restrained or kept in custody
for the same cause, unless he is indicted therefor or, after a discharge for defect of proof,
is again arrested on sufficient proof and committed by legal process. (Code 1852, §737; Code
1867, §4288; Code 1876, §4964; Code 1886, §4787; Code 1896, §4840; Code 1907, §7035;
Code 1923, §4334; Code 1940, T. 15, §30.)...
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31-2A-7
Section 31-2A-7 (Article 7.) Apprehension. (a) Apprehension is the taking of a person into
custody. (b) Any person authorized by this code or by Chapter 47 of Title 10, U.S.C., or by
regulations issued under either, to apprehend persons subject to this code, any marshal of
a court-martial appointed pursuant to the provisions of this code, and any peace officer or
civil officer having authority to apprehend offenders under the laws of the United States
or of a state, may do so upon probable cause that an offense has been committed and that the
person apprehended committed it. (c) Commissioned officers, warrant officers, petty officers,
and noncommissioned officers have authority to quell quarrels, frays, and disorders among
persons subject to this code and to apprehend persons subject to this code who take part therein.
(d) If an offender is apprehended outside the state, the offender's return to the area must
be in accordance with normal extradition procedures or by reciprocal...
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12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
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37-8-30
Section 37-8-30 Unlawful pooling of freights. Any officer, agent or servant of a person or
corporation operating a railroad who aids in making or carrying out an agreement between railroads,
commonly called a pool, for the division between themselves of the freight-carrying business
of any place in this state, whereby trade is restrained by the establishment of extortionate
rates and the prevention of free competition, unless such agreement has been approved by the
Public Service Commission, must, on conviction, be fined not less than $50.00 nor more than
$200.00. (Code 1886, §4145; Code 1896, §5549; Code 1907, §7687; Code 1923, §5368; Code
1940, T. 48, §418.)...
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15-21-24
Section 15-21-24 Grounds for discharge of person in custody under process legally issued. If
it appears that the party is in custody by virtue of process from any court legally constituted
or issued by any officer in the course of judicial proceedings before him authorized by law,
he can only be discharged under a writ of habeas corpus where: (1) The jurisdiction of such
court has been exceeded, either as to matter, place, sum or person; (2) Though the original
imprisonment was lawful, the party has become entitled to his discharge by reason of some
subsequent act, omission or event; (3) The process is void in consequence of some defect in
matter or substance required by law; (4) The process, though in proper form, was issued in
a case or under circumstances not allowed by law; (5) The process is not authorized by any
judgment, order or decree nor by any provision of the law; or (6) The person who has the custody
of him under any order or process is not the person authorized by law to...
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15-21-4
Section 15-21-4 Application to be made by petition; contents of petition. Application for a
writ of habeas corpus must be made by petition, signed either by the party himself for whose
benefit it is intended or by some other person on his behalf, must be verified by the oath
of the applicant to the effect that the statements therein contained are true to the best
of his knowledge, information and belief and must state, in substance, the name of the person
on whose behalf the application is made, that he is imprisoned or restrained of his liberty
in the county, the place of such imprisonment, if known, the name of the officer or person
by whom he is so imprisoned and the cause or pretense of such imprisonment; and, if the imprisonment
is by virtue of any warrant, writ or other process, a copy thereof must be annexed to the
petition or the petition must allege that a copy thereof has been demanded and refused or
must show some sufficient excuse for the failure to demand a copy. (Code...
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2-25-13
Section 2-25-13 Movement, sale, etc., into state or within state of plants, plant products,
etc., during quarantines; confiscation by commissioner; plants, etc., moved into quarantined
area. Whenever the board or commissioner under the provisions of this article shall declare
a quarantine against any place, nursery, grove, orchard, county or counties of this state,
other states, territories or foreign countries as to plant, pest, or noxious weed, it shall
be unlawful thereafter until such quarantine is removed for any person to introduce into this
state or to move, sell or otherwise dispose of within this state any plant, plant product
or other thing included in such quarantine, except under such rules and regulations as may
be prescribed by the board or commissioner. Any plant, plant product, or other thing included
under a quarantine which is moved, sold, or otherwise disposed of within the state in violation
of this section, and any plant propagated from such plant, plant product,...
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22-11A-14
Section 22-11A-14 Cases of sexually transmitted diseases to be reported; contents of report;
reports confidential; penalty for violation; measures for protection of others. (a) Any physician
who diagnoses or treats a case of sexually transmitted disease as designated by the State
Board of Health, or any administrator of any hospital, dispensary, correctional facility or
other institution in which a case of sexually transmitted disease occurs shall report it to
the state or county health officer or his designee in a time and manner prescribed by the
State Board of Health. (b) The report shall be upon a form prescribed by the State Board of
Health and, at a minimum, shall state the patient's full name, date of birth, race, sex, marital
status, address, telephone number, place of employment, stage of disease, medication and amount
given, and the date of onset. (c) Any person who is charged with the responsibility of operating
a laboratory which performs tests for sexually transmitted...
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31-2-123
Section 31-2-123 Commanders of National Guard troops may prescribe boundaries around jails,
public buildings, etc., from which public excluded. The commander of any body of National
Guard troops guarding any jail, public building, or other place, or escorting any prisoner
may, if he deems it advisable, prescribe a reasonable distance in the vicinity of such jail,
public building, or other place, or escort of such prisoner within which persons shall not
come, and any person knowingly and wilfully, without lawful excuse, coming within such limits
without the permission of such officer, and refusing to retire after being ordered to do so,
shall be deemed guilty of a misdemeanor, and any person so coming and remaining in such limits
in the nighttime is guilty of a felony, and must, on conviction, be imprisoned in the penitentiary
for not less than one nor more than two years. In either case, it shall be the duty of the
officer commanding such National Guard troops forthwith to arrest...
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15-21-14
Section 15-21-14 Issuance of precept; execution of precept by sheriff or constable. (a) At
the time of issuing a writ of habeas corpus or at any time afterward before the hearing, the
officer issuing the writ must, on a proper showing, issue a precept directed to any sheriff
or constable of the state, commanding him to have the body of the person who is imprisoned
or restrained produced before the officer before whom the writ is returnable at the time and
place at which it is returnable. (b) Such precept must be executed by any sheriff or constable
into whose hands it may come according to its mandate. (c) If the party is brought before
the court or judge by virtue of a precept issued under the provisions of this section, the
case must be heard and determined as if he had been produced in return to the writ. (Code
1852, §§720, 727; Code 1867, §§4271, 4278; Code 1876, §§4947, 4954; Code 1886, §§4771,
4778; Code 1896, §§4824, 4831; Code 1907, §§7019, 7026; Code 1923,...
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