§ 29-2803 — Habeas corpus; applicant; subpoena for witnesses

Whenever a habeas corpus shall be issued to bring the body of any prisoner committed as aforesaid, unless the court or judge issuing the same shall deem it wholly unnecessary and useless, the court or judge shall issue a subpoena to the sheriff of the county where such person shall be confined, commanding him to summon the witness or witnesses therein named to appear before such judge or court, at the time and place when and where such habeas corpus shall be returnable. It shall be the duty of such sheriff to serve the subpoena, if possible, in time to enable such witness or witnesses to attend.

Legislative History

Source: G.S.1873, c. 58, § 355, p. 804; R.S.1913, § 9249; C.S.1922, § 10278; C.S.1929, § 29-2803; R.S.1943, § 29-2803.