SURRATT v. STATE

No. 7022SC144.

172 S.E.2d 102 (1970)

7 N.C. App. 398

Lonnie Rayvon SURRATT v. STATE of North Carolina.

Court of Appeals of North Carolina.

February 25, 1970.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Atty. Edward L. Eatman, Jr., Raleigh, for the State.

William H. Steed, Thomasville, for petitioner appellant.


BRITT, Judge.

The attorney general has moved in this Court that the appeal be dismissed for that no appeal lies from a judgment rendered on return of a writ of habeas corpus to obtain freedom from restraint, review being solely by certiorari. The motion is well taken.

It is well established in the Appellate Division of the General Court of Justice of North Carolina that, except in cases involving the custody of minor children, an appeal is not allowed from...

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