§ 15A-923. Use of pleadings in felony cases and misdemeanor cases initiated in the superior court division.
§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.)