Motion to dismiss - Grounds applicable to indictments
Applied in 2 court decisions — leading case 111 N.C. App. 40 - State v. Minter (1993)
Most recently applied in State v. Kirkland (June 1995)
1973, c. 1286, s. 1.
The court on motion of the defendant may dismiss an indictment if it determines that:
(1) There is ground for a challenge to the array,
(2) The requisite number of qualified grand jurors did not concur in finding the indictment, or
(3) All of the witnesses before the grand jury on the bill of indictment were incompetent to testify.
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.