The writ of habeas corpus ad subjiciendum shall be granted forthwith by the Supreme Court of Appeals, or any circuit court, or any other court given power by any particular statute to grant the same, or any judge of either court in vacation, to any person who shall, by himself or by someone in his behalf, apply for the same by petition, showing by affidavit or other evidence probable cause to believe that he is detained without lawful authority.
Structure West Virginia Code
Chapter 53. Extraordinary Remedies
§53-4-1. When and by Whom Writ Granted
§53-4-2. To Whom Writ Directed; Return of Writ
§53-4-3. Bond May Be Required of Petitioner
§53-4-5. Penalty for Disobeying Writ
§53-4-6. When Affidavits May Be Read as Evidence
§53-4-8. Facts Proved May Be Made Part of Record
§53-4-9. Powers of Judge in Vacation
§53-4-10. Judgment Conclusive; Exception
§53-4-11. Revision of Judgment by Supreme Court of Appeals
§53-4-12. Disposition of Prisoner and Proceedings Pending Writ of Error