Section 767. When habeas corpus may issue

If the accused is in the custody
  of a sheriff, or other officer, by virtue of an  execution  against  his
  person,  or by virtue of a mandate for any other contempt or misconduct,
  or a commitment on a criminal charge the court, upon proof of the facts,
  may issue a writ of habeas corpus, directed to  the  officer,  requiring
  him  to  bring the accused before it, to answer for the offense charged.
  The officer to whom the writ is directed, or upon  whom  it  is  served,
  must  bring  him before the court, and detain him at the place where the
  court is sitting, until the further order of the court.