State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-923

§15A‑923.  Use of pleadings in felony cases and misdemeanor casesinitiated in the superior court division.

(a)        Prosecution onInformation or Indictment. – The pleading in felony cases and misdemeanor casesinitiated in the superior court division must be a bill of indictment, unlessthere is a waiver of the bill of indictment as provided in G.S. 15A‑642.If there is a waiver, the pleading must be an information. A presentment by thegrand jury may not serve as the pleading in a criminal case.

(b)        Form of Informationor Indictment. – An information and a bill of indictment charge the crime orcrimes in the same manner. An information has entered upon it or attached to itthe defendant's written waiver of a bill of indictment. The bill of indictmenthas entered upon it the finding of the grand jury that it is a true bill.

(c)        Waiver ofIndictment. – The defendant may waive a bill of indictment as provided in G.S.15A‑642.

(d)        Amendment ofInformation. – An information may be amended only with the consent of thedefendant.

(e)        No Amendment ofIndictment. – A bill of indictment may not be amended. (1973,c. 1286, s. 1.)