N.C. Gen. Stat. § 15A-923
Use of pleadings in felony cases and misdemeanor cases initiated in the superior court division
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) 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.
(1) 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.
(2) 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.
(2) 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.
(3) Waiver of Indictment. - The defendant may waive a bill of indictment as provided in G.S. 15A-642.
(3) Waiver of Indictment. — The defendant may waive a bill of indictment as provided in G.S. 15A-642.
(4) Amendment of Information. - An information may be amended only with the consent of the defendant.
(4) Amendment of Information. — An information may be amended only with the consent of the defendant.
(5) No Amendment of Indictment. - A bill of indictment may not be amended.
(5) No Amendment of Indictment. — A bill of indictment may not be amended.
History
(1973, c. 1286, s. 1.)
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.