NC General Statutes

N.C. Gen. Stat. § 17-26 (2026)

Disobedience to writ or refusing copy of process; penalty

✓ current as of July 2026

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If any person to whom a writ of habeas corpus is directed shall neglect or refuse to make due return thereto, or to bring the body of the party detained according to the command of the writ without delay, or shall not, within six hours after demand made therefor, deliver a copy of the commitment or cause of detainer, such person shall, upon conviction on indictment, be fined one thousand dollars ($1,000), or imprisoned not exceeding 12 months, and if such person be an officer, shall moreover be removed from office. (1868-9, c. 116, s. 27; Code, s. 1652; Rev., s. 3597; C.S., s. 2228.)

Notes of Decisions

Cited in 1 case, 2018–2018 · leading case: Chavez v. Carmichael, 822 S.E.2d 131 (N.C. Ct. App. 2018).

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Chavez v. Carmichael, 822 S.E.2d 131 (N.C. Ct. App. 2018). · cites it 4× “Later that day, after the superior court had ordered Petitioners to be released, counsel for the Sheriff timely filed written returns for both Petitioners’ cases within the limits allowed by N.C. Gen. Stat. § 17-26 (2017). Before the superior court issued -7- CHAVEZ V.”

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