No Discharge Upon Mere Defect in Commitment Order

8 GCA § 135.40 — under The Writ of Habeas Corpus.

8 GCA § 135.40

If any person is committed to prison, or is in custody of any officer on any criminal charge, by virtue of any warrant of commitment of a judge, such person shall not be discharged on the ground of any mere defect of form in the warrant of commitment. NOTE: Section 135.40 is substantively the same as former § 1488. See also Cal. Pen. Code § 1488 (same).