Any of the judges of this State, in vacation time and out of term, upon view of the copy of the warrant of commitment and detainer or otherwise and upon oath made that such copy was denied to be given by the person in whose custody the prisoner is detained, shall, upon request made in writing by such person as is committed as aforesaid or any on his behalf, attested and subscribed by two witnesses who were present at the delivery of the request, award and grant a writ of habeas corpus, under the seal of such court, whereof he shall be one of the judges.
HISTORY: 1962 Code Section 17-353; 1952 Code Section 17-353; 1942 Code Section 1050; 1932 Code Section 1050; Cr. P. '22 Section 137; Cr. C. '12 Section 119; Cr. C. '02 Section 92; G. S. 2325; R. S. 92; 1679 (1) 118.
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.