10-128.Person discharged again imprisoned.

Section 10-128 gives a discharged person a real, if bounded, protection. No person discharged by order of the court on habeas corpus shall again be imprisoned, restrained, or held in custody for the same cause, unless that person is afterward indicted for the same offense, or unless it's by the legal order or process of the court where that person is bound by recognizance to appear.

The section then narrows what counts as the "same cause" through three examples. If a person was discharged in a criminal case for a defect of proof or a material defect in the commitment, and is later arrested on sufficient proof and committed by legal process for the same offense, that isn't the same cause. If, in a civil action, the party was discharged for illegality in the judgment or process, and is afterward imprisoned by legal process for the same cause of action, that too falls outside the protection. And generally, whenever a discharge rests on a failure to observe required legal forms, the party may be imprisoned a second time if the underlying cause is legal and those forms are observed the second time around.

Taken together, these examples show the protection targets repeated confinement on the identical, uncorrected legal footing — not a properly corrected commitment that fixes whatever flaw led to the earlier discharge.