Statute · California Penal Code

Cal. Penal Code § 1492 — Of the Writ of Habeas Corpus

Cal. Penal Code § 1492

Type
Statute
Source
California Penal Code
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

If a party brought before the Court or Judge on the return of the writ is not entitled to his discharge, and is not bailed, where such bail is allowable, the Court or Judge must remand him to custody or place him under the restraint from which he was taken, if the person under whose custody or…

Citator

Cal. Penal Code § 1492 — Of the Writ of Habeas Corpus is in force in the current edition of the Code, and nothing recorded condemns it.

If a party brought before the Court or Judge on the return of the writ is not entitled to his discharge, and is not bailed, where such bail is allowable, the Court or Judge must remand him to custody or place him under the restraint from which he was taken, if the person under whose custody or restraint he was is legally entitled thereto.