State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-642

§15A‑642.  Prosecutions originating in superior court to be uponindictment or information; waiver of indictment.

(a)        Prosecutionsoriginating in the superior court must be upon pleadings as provided in Article49 of this Chapter, Pleadings and Joinder.

(b)        Indictment may notbe waived in a capital case or in a case in  which the defendant is notrepresented by counsel.

(c)        Waiver ofindictment must be in writing and signed by the defendant and his attorney. Thewaiver must be attached to or executed upon the bill of information. (1907,c. 71; C.S., s. 4610; 1951, c. 726, ss. 1, 2; 1971, c. 377, s. 30.1; 1973, c.1286, s. 1.)