§ 3953 — Authority to grant writ; complaint

Such writ may be granted by a Superior judge, or by Superior Court during its sitting, in the county where such person is imprisoned, on application by complaint in writing signed by the party for whose relief it is intended or by some person in his or her behalf, stating the person by whom and the place where the party is imprisoned or restrained, naming the prisoner and the person detaining him or her, if their names are known, and describing them, if they are not known, and stating also the cause or pretense of such imprisonment or restraint, according to the knowledge and belief of the person applying. The petitioner or the State may appeal from the decision on the petition to the Supreme Court under chapter 102 of this title. (Amended 1966, No. 41 (Sp. Sess.), § 4, eff. March 12, 1966; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)