In Re the Detention of Bellamy
Supreme Court of North Carolina
1Opinion of the CourtStacy, C. J.
The appeal must be dismissed, for the reason, that, except in cases concerning the care and custody of children, no appeal lies from a judgment in a habeas corpus proceeding refusing to discharge a person from custody or confinement, but the remedy, if any, in such a case, is by petition for a writ of certiorari, which is addressed to the sound discretion of the appellate court. S. v. Edwards, ante, 321; In re McCade, 183 N. C., 242; In re Croom, 175 N. C., 455.
While -this course must be pursued, we deem it not amiss to say that a careful examination of the record, considering it as on writ…
2Cases cited3 opinions
- In Re CroomSupreme Court of North Carolina · 1918
- State v. . HookerSupreme Court of North Carolina · 1922
- In Re McCadeSupreme Court of North Carolina · 1922