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N.C. Gen. Stat. § 15A-923

Use of pleadings in felony cases and misdemeanor cases initiated in the superior court division

Applied in 54 court decisions — leading case State v. Price (1984)

Most recently applied in 263 N.C. App. 676 - State v. Nixon (February 2019)

1973, c. 1286, s. 1.

How often courts cite this section

1984199020002010201950
citing decisions per year

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) Prosecution on Information or Indictment. - The pleading in felony cases and misdemeanor cases initiated in the superior court division must be a bill of indictment, unless there is a waiver of the bill of indictment as provided in G.S. 15A-642. If there is a waiver, the pleading must be an information. A presentment by the grand jury may not serve as the pleading in a criminal case.

(b) Form of Information or Indictment. - An information and a bill of indictment charge the crime or crimes in the same manner. An information has entered upon it or attached to it the defendant's written waiver of a bill of indictment. The bill of indictment has entered upon it the finding of the grand jury that it is a true bill.

(c) Waiver of Indictment. - The defendant may waive a bill of indictment as provided in G.S. 15A-642.

(d) Amendment of Information. - An information may be amended only with the consent of the defendant.

(e) No Amendment of Indictment. - A bill of indictment may not be amended.

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.