North Carolina General Statutes 15A-923. Use of pleadings in felony cases and misdemeanor cases initiated in the superior court division
Terms Used In North Carolina General Statutes 15A-923
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- attached: means , when referring to documents existing in paper form, physical attachment by staples, clips, or other mechanical means, or managed such that neither document is stored or delivered without the other. See North Carolina General Statutes 15A-101.1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Entered: means signed and filed in the office of the clerk of superior court of the county in which the document is to be entered. See North Carolina General Statutes 15A-101.1
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- True bill: Another word for indictment.
(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 N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 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. (1973, c. 1286, s. 1.)