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 such imprisonment or restraint, and, if illegal, to be delivered therefrom.
N.C. Gen. Stat. § 17-3
Who may prosecute writ
Applied in 2 court decisions — leading case 228 N.C. App. 449 - State v. Chapman (2013)
Most recently applied in 228 N.C. App. 449 - State v. Chapman (August 2013)
1868-9, c. 116, s. 1; Code, s. 1623; Rev., s. 1821; C.S., s. 2205.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.