Delaware § 6909 - Discharge generally; defects in commitment.

§ 6909. Discharge generally; defects in commitment.

(a) If no legal cause be shown for the imprisonment or restraint, the court or judge shall discharge the party therefrom. Any order entered upon a petition for a writ of habeas corpus discharging the prisoner from custody or otherwise granting relief to the prisoner may be appealed by the State to the Delaware Supreme Court.

(b) No person shall be discharged for a mere defect in the commitment, if the evidence before the court or judge is sufficient to require that he or she should be committed, or bound for his or her appearance. In such case the committing magistrate shall be summoned, proper witnesses examined, and the accused committed properly.

Code 1852, §§  2550, 2557, 2558;  Code 1915, §§  4482, 4489;  Code 1935, §§  4934, 4941;  10 Del. C. 1953, §  6909;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 231, §  1;