State v. Francum

Full title: STATE OF NORTH CAROLINA v. THOMAS STEPHEN FRANCUM

Court: North Carolina Court of Appeals

Date published: Jul 1, 1971

182 S.E.2d 275 (N.C. Ct. App. 1971)

182 S.E.2d 275

Opinion

No. 7128SC452

Filed 14 July 1971

Habeas Corpus 4 — habeas corpus — appeal Except in cases involving the custody of minor children, an appeal does not lie from a judgment on return to a writ of habeas corpus.

PURPORTED appeal by defendant from Ervin, J., 19 April 1971 Session of Superior Court held in BUNCOMBE County.

Attorney General Robert Morgan by Staff Attorney L. Philip Covington for the State.

Melvin K. Elias for defendant appellant.

VAUGHN, Judge.

Defendant's court-appointed counsel has made no assignments of error and states that the case is brought forward to seek such relief as the Court might find the appellant entitled. The purported appeal is from a judgment denying defendant relief under a paper writing which he labeled a "writ of habeas corpus" and which was treated as such by the able trial judge. Except in cases involving the custody of minor children, an appeal does not lie from a judgment on return to a writ of habeas corpus. In re Wright, 8 N.C. App. 330, 174 S.E.2d 27.

Appeal dismissed.

Judges BROCK and GRAHAM concur.