State v. Rhoades

This is an attempted appeal from an order entered at the conclusion of a habeas corpus hearing to inquire into the legality of defendant’s restraint under extradition proceedings instituted by the State of Texas.

“Except in cases involving the custody of minor children, G.S. 17-40 [repealed in 1967 but reprovided by G.S. 50-13.5 (b) (2) ], no appeal lies from a judgment rendered on return to a writ of habeas corpus. In re Steele, 220 N.C. 685, 687, 18 S.E. 2d 132, 134, and cases cited; In re Renfrow, supra [247 N.C. 55, 59, 100 S.E. 2d 315, 317]. The remedy, if any, is by petition for writ of…