IN RE TEW

No. 7110SC184.

180 S.E.2d 434 (1971)

11 N.C. App. 64

In the Matter of John J. TEW, Jr.

Court of Appeals of North Carolina.

April 28, 1971.


Attorney(s) appearing for the Case

Yarborough, Blanchard, Tucker & Denson, by Irvin B. Tucker, Jr., Raleigh, for petitioner appellant.


CAMPBELL, Judge.

The sole issue presented on this appeal is the validity of the portion of G.S. § 122-86 providing that no judge, issuing a writ of habeas corpus upon application of a person committed to a hospital under the provisions of G.S. § 122-84, "shall order his discharge until the superintendents of the several State Hospitals shall certify that they have examined such person and find him to be sane, and that his detention is no longer necessary...

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