Hoffman v. Edwards

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 “[ejvery 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.” These two statutes are the statutory codification of Article I, § 21 of the North Carolina Constitution which provides:

“Sec. 21.…