No person who has been discharged, by the order of any court or associate circuit judge, upon a writ of habeas corpus issued pursuant to this chapter, shall be again imprisoned, restrained or kept in custody for the same cause; but it shall not be deemed the same cause: (1) If he shall have been discharged from a commitment on a criminal charge, and be afterward committed for the same offense by the legal order or process of the court wherein he shall be bound by a recognizance to appear, or in which he shall be indicted or convicted for the same offense; or (2) If, after a discharge for defect of proof, or for any material defect in the commitment in a criminal case, the prisoner may again be arrested on sufficient proof, and committed by legal process for the same offense; or (3) When the discharge in any case has been ordered on account of the nonobservance of any of the forms required by law, and the party is again arrested for imprisonment, by legal process, for sufficient cause, and according to the forms required by law.
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