In re Tew

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 for his own safety or the safety of the public.”

Petitioner contends that the provision of the statute requiring a certificate from the…