29-2814. Warrant or commitment; defects; when harmless.

If any person shall be committed to prison, or be in custody of any officer for any criminal matter, by virtue of any warrant or commitment of any magistrate of this state having jurisdiction of such criminal matter, such person shall not be discharged from such imprisonment or custody by reason of any informality or defect of such warrant or commitment; Provided, such warrant or commitment shall show substantially a criminal matter for which such magistrate had jurisdiction so to arrest or commit.

Source:G.S.1873, c. 58, § 366, p. 807; R.S.1913, § 9260; C.S.1922, § 10289; C.S.1929, § 29-2814; R.S.1943, § 29-2814.

Annotations

This section does not apply where a person is imprisoned in the state penitentiary under sentence imposed by a court of record. Dunham v. O'Grady, 137 Neb. 649, 290 N.W. 723 (1940).