Prosecutions originating in superior court to be upon indictment or information; waiver of indictment
Applied in 5 court decisions — leading case 128 N.C. App. 688 - State v. Wilson (1998)
Most recently applied in 263 N.C. App. 676 - State v. Nixon (February 2019)
1907, c. 71; C.S., s. 4610; 1951, c. 726, ss. 1, 2; 1971, c. 377, s. 30.1; 1973, c. 1286, s. 1.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Prosecutions originating in the superior court must be upon pleadings as provided in Article 49 of this Chapter, Pleadings and Joinder.
(b) Indictment may not be waived in a capital case or in a case in which the defendant is not represented by counsel.
(c) Waiver of indictment must be in writing and signed by the defendant and his attorney. The waiver must be attached to or executed upon the bill of information.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.