State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-644

§15A‑644.  Form and content of indictment, information or presentment.

(a)        An indictment mustcontain:

(1)        The name of thesuperior court in which it is filed;

(2)        The title of theaction;

(3)        Criminal chargespleaded as provided in Article 49 of this Chapter, Pleadings and Joinder;

(4)        The signature of theprosecutor, but its omission is not a fatal defect; and

(5)        The signature of theforeman or acting foreman of the grand jury attesting the concurrence of 12 ormore grand jurors in  the finding of a true bill of indictment.

(b)        An information mustcontain everything required of an indictment in subsection (a) except that theaccusation is that of the prosecutor and the provisions of subdivision (a)(5)do not apply. The  information must also contain or have attached the waiver ofindictment pursuant to G.S. 15A‑642(c).

(c)        A presentment mustcontain everything required of an indictment in subsection (a) except that theprovisions of subdivisions (a)(4) and (5) do not apply and the foreman must byhis signature attest the concurrence of 12 or more grand jurors in thepresentment. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)