Upon the trial of a habeas corpus, if the judge shall be of the opinion that the prisoner has been guilty of a misdemeanor or felony, for which the prisoner may be liable to be tried and that the proceedings against him or her are so defective that he or she cannot be detained by them, the judge shall admit him or her to bail, if he or she is entitled to bail, to appear at the court having jurisdiction over the case, or remand him or her to the custody of the proper officer, to be conveyed to the proper county for new proceedings to be had against the prisoner.Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5081; Pope's Dig., § 6344; A.S.A. 1947, § 34-1737.
Arkansas Legal Code