In other cases the party shall be placed in custody of the person legally entitled thereto, or if no one is so entitled, he shall be discharged.
History: Laws 1884, ch. 1, § 20; C.L. 1884, § 2031; C.L. 1897, § 2800; Code 1915, § 2608; C.S. 1929, § 63-120; 1941 Comp., § 25-1120; 1953 Comp., § 22-11-20.
Petitioner remanded for new sentence where illegality is void sentence. — Where illegality of restraint complained of in habeas corpus is imposition of void sentence on legal conviction, petitioner should be remanded or detained for new sentence. Jordan v. Swope, 1932-NMSC-015, 36 N.M. 84, 8 P.2d 788.
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