Massachusetts General Laws

Mass. Gen. Laws ch. 248, § 24 (2026)

Imprisonment after discharge

✓ current as of July 2026

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Section 24. No person who has been discharged upon a habeas corpus shall be again imprisoned or restrained for the same cause, unless indicted therefor, convicted thereof, or committed for want of bail by a court of record 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, he is again arrested on sufficient proof and committed by legal process.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1973–2025 · leading case: Hennessy v. Superintendent, Mass. Corr. Inst., 438 N.E.2d 329 (Mass. 1982).

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Hennessy v. Superintendent, Mass. Corr. Inst., 438 N.E.2d 329 (Mass. 1982). “See G. L. c. 248, § 24. 4 General Laws c. 127, § 129, as amended through St.”

Commonwealth v. Fasano, 375 N.E.2d 361 (Mass. App. Ct. 1978). “There is no evidence that the district attorney for the Suffolk District had ever filed a formal detainer with the warden of Danbury prior to securing the issuance of the writ of habeas corpus ad prosequendum out of the Superior *329 Court sitting in Suffolk County. The…”

Maldonado, 304 N.E.2d 419 (Mass. 1973). “See G. L. c. 248, § 24. A similar statute was so interpreted in People ex rel.”

Averett v. Comm'r of Corr., 25 Mass. App. Ct. 280 (Mass. App. Ct. 1988). “Relying upon G. L. c. 248, § 24, 4 the petitioners argue that these appeals must be dismissed as moot because, even if the judge’s orders were erroneous, there is no right of appeal from the issuance of a writ as they cannot be required to serve the remainder of their sentences.”

Crowley, 766 N.E.2d 513 (Mass. App. Ct. 2002). “See G. L. c. 248, § 24; Hennessy v. Superintendent, Mass.”

Edward Pierce (Mass. App. Ct. 2025). “[19] The parties have not addressed, and we express no view on, what relief the superintendent may obtain based on our ruling that the order for Pierce's release was erroneous, or whether G. L. c. 248, § 24, has any bearing on the matter.”

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