Delaware Code

10 Del. C. § 6917 (2026)

Rearrest of discharged person for same offense; exceptions

✓ current as of May 2026

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No person who has been discharged on a habeas corpus shall be again imprisoned or restrained for the same cause, unless the person is indicted therefor, or convicted thereof, or committed for want of bail by some court having jurisdiction of the cause; or unless, after a discharge for defect of proof, or for some material defect in the commitment in a criminal case, the person is again arrested on sufficient proof, and committed by legal process for the same offense.

Code 1852, § 2556; Code 1915, § 4488; Code 1935, § 4940; 10 Del. C. 1953, § 6917; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2015–2023 · leading case: State v. Topolski (Del. Super. Ct. 2023).

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State v. Topolski (Del. Super. Ct. 2023). “Order Forbidding Rearrest, Reindictment, or Recommitment 10 Del. C. § 6917 provides, as relevant here, that “[n]o person who has been discharged on a habeas corpus shall be again imprisoned or restrained for the same 23 Id.”

Vill. at High. One v. Sussex Cnty. Bd. of Adjustment. (Del. Super. Ct. 2015). “The Court, therefore, has no reason to address the remaining three factual requirements under 10 Del. C. §6917 (3) and the Code. The Court finds the Board committed no legal error, that there is substantial evidence supporting its decision, and that a reasonable mind could reach…”

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