§ 17-8. Issuance of writ without application. - North Carolina Statutes

§17‑8.  Issuance of writ without application.

When the appellate division orsuperior court division, or any judge of either division, has evidence from anyjudicial proceeding before such court or judge that any person within thisState is illegally imprisoned or restrained of his liberty, it is the duty ofsaid court or judge to issue a writ of habeas corpus for his relief, althoughno application be made for such writ. (1868‑9, c. 116, s. 10;Code, s. 1632; Rev., s. 1826; C.S., s. 2210; 1969, c. 44, s. 42.)