Sutton v. Butler

To say of these complaints that they state a canse of action means that a second arrest of one believed by the prosecution to be guilty of a crime is unlawful where the accused has theretofore been discharged on habeas corpus upon the ground that the information upon which the former arrest was made “ did not state facts sufficient to constitute a crime.” The words just quoted are taken from the complaints now demurred to, and are there alleged as the reasons *252for the discharge on habeas corpus from the first arrest. A-second arrest for the same crime is not illegal where the first has fallen…