HOFFMAN v. EDWARDS

No. 7910SC1105.

269 S.E.2d 311 (1980)

48 N.C. App. 559

Stanton M. HOFFMAN v. Ralph D. EDWARDS, Director North Carolina Department of Correction, Division of Prisons, officially.

Court of Appeals of North Carolina.

September 2, 1980.


Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Sp. Deputy Atty. Gen. Jacob L. Safron and Associate Atty. Gen. Richard L. Kucharski, Raleigh, for the State.

Thompson & McAllaster by Carolyn McAllaster, Durham, for respondent-appellee.


ERWIN, Judge.

Respondent Hoffman (original petitioner) sought to invoke the habeas corpus jurisdiction of the trial court pursuant to G.S. 17-7.

G.S. 17-1 provides that "[e]very 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," while G.S. 17-2 provides that "[t]he privileges of the writ of habeas corpus shall not be suspended...

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