§ 17-11 – Sufficiency of writ; defects of form immaterial.
17-11. Sufficiency of writ; defects of form immaterial. No writ of habeas corpus shall be disobeyed on account of any defect of form. It shall be sufficient – (1) If the person having the custody of the party imprisoned or restrained be designated either by his name of office, if he have any, or by […]
§ 17-2 – Habeas corpus not to be suspended.
17-2. Habeas corpus not to be suspended. The privileges of the writ of habeas corpus shall not be suspended. (Const., art. 1, s. 21; Rev., s. 1820; C.S., s. 2204.)
§ 17-3 – Who may prosecute writ.
17-3. Who may prosecute writ. Every person imprisoned or restrained of his liberty within this State, for any criminal or supposed criminal matter, or on any pretense whatsoever, except in cases specified in G.S. 17-4, may prosecute a writ of habeas corpus, according to the provisions of this Chapter, to inquire into the cause of […]
§ 17-1 – Remedy without delay for restraint of liberty.
17-1. Remedy without delay for restraint of liberty. Every person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the same, if unlawful; and such remedy ought not to be denied or delayed. (Const., art. 1, s. 18; Rev., s. 1819; C.S., s. 2203.)