Whenever the privilege of the writ of habeas corpus shall be suspended, as aforesaid, no military or other officer shall be compelled in answer to any writ of habeas corpus to return the body of any person detained by him by authority of the Governor. But upon certificate under oath of the officer having charge of anyone so detained that such person is detained by him as a prisoner under the authority of the Governor further proceedings under the writ of habeas corpus shall be suspended by the judge or court having issued the writ so long as such suspension by the Governor shall remain in force and the cause for such suspension continue.
HISTORY: 1962 Code Section 17-369; 1952 Code Section 17-369; 1942 Code Section 1066; 1932 Code Section 1066; Cr. P. '22 Section 153; Cr. C. '12 Section 337; Cr. C. '02 Section 250; G. S. 2584; R. S. 215; 1868 (14) 86.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Section 17-17-10. Persons entitled to writ of habeas corpus.
Section 17-17-20. Forfeiture of entitlement in certain cases.
Section 17-17-30. Authority of judges to grant writs of habeas corpus.
Section 17-17-40. Authority of any two magistrates to grant writs of habeas corpus.
Section 17-17-50. Persons to whom writ shall be directed.
Section 17-17-60. Service of writ.
Section 17-17-70. Handling of prisoner after service of writ; payment of charges; return of writ.
Section 17-17-80. Time within which prisoners must be brought before court.
Section 17-17-90. Granting of writ during term of court.
Section 17-17-110. Granting of writ after adjournment.
Section 17-17-140. Right to appeal from decision on writ.
Section 17-17-150. Person discharged shall not be rearrested or committed for same offense.
Section 17-17-160. Officers shall execute writ.
Section 17-17-170. Penalty for officers neglecting their duty.
Section 17-17-180. Recovery of penalties.