State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1221

Article73.

Criminal Jury Trial inSuperior Court.

§ 15A‑1221.  Order ofproceedings in jury trial; reading of indictment prohibited.

(a)        The order of a jurytrial, in general, is as follows:

(1)        Repealed by SessionLaws 1995 (Regular Session 1996), c. 725, s. 10.

(1a)      Unless the defendanthas filed a written request for an arraignment, the court must enter a notguilty plea on behalf of the defendant in accordance with G.S. 15A‑941.If a defendant does file a written request for an arraignment, then the defendantmust be arraigned and must have his or her plea recorded out of the presence ofthe prospective jurors in accordance with G.S. 15A‑941.

(2)        The judge mustinform the prospective jurors of the case in accordance with G.S. 15A‑1213.

(3)        The jury must besworn, selected and impaneled in accordance with Article 72, Selecting andImpaneling the Jury.

(4)        Each party must begiven the opportunity to make a brief opening statement, but the defendant mayreserve his opening statement.

(5)        The State must offerevidence.

(6)        The defendant mayoffer evidence and, if he has reserved his opening statement, may precede hisevidence with that statement.

(7)        The State and thedefendant may then offer successive rebuttals as provided in G.S. 15A‑1226.

(8)        At the conclusion ofthe evidence, the parties may make arguments to the jury in accordance with theprovisions of G.S. 15A‑1230.

(9)        The judge mustdeliver a charge to the jury in accordance with the provisions of G.S. 15A‑1231and 15A‑1232.

(10)      The jury must retireto deliberate, and alternate jurors who have not been seated must be excused asprovided in G.S. 15A‑1215.

(b)        At no time duringthe selection of the jury or during trial may any person read the indictment tothe prospective jurors or to the jury. (1977, c. 711, s. 1; 1977,2nd Sess., c. 1147, s. 2; 1995 (Reg. Sess., 1996), c. 725, s. 10.)