§ 15A-621 – "Grand jury" defined.
15A-621. "Grand jury" defined. A grand jury is a body consisting of not less than 12 nor more than 18 persons, impaneled by a superior court and constituting a part of such court. (1973, c. 1286, s. 1.)
§ 15A-622 – Formation and organization of grand juries; other preliminary matters.
15A-622. Formation and organization of grand juries; other preliminary matters. (a) The mode of selecting grand jurors and of drawing and impaneling grand jurors is governed by this Article and Chapter 9 of the General Statutes, Jurors. Challenges to the panel from which grand jurors were drawn are governed by the procedure in G.S. 15A-1211. […]
§ 15A-623 – Grand jury proceedings and operation in general.
15A-623. Grand jury proceedings and operation in general. (a) The finding of an indictment, the return of a presentment, and every other affirmative official action or decision of the grand jury requires the concurrence of at least 12 members of the grand jury. (b) The foreman presides over all hearings and has the power to […]
§ 15A-624 – Grand jury the judge of facts; judge the source of legal advice.
15A-624. Grand jury the judge of facts; judge the source of legal advice. (a) The grand jury is the exclusive judge of the facts with respect to any matter before it. (b) The legal advisor of the grand jury is the presiding or convening judge. (1973, c. 1286, s. 1.)
§ 15A-626 – Who may call witnesses before grand jury; no right to appear without consent of prosecutor or judge.
15A-626. Who may call witnesses before grand jury; no right to appear without consent of prosecutor or judge. (a) Except as provided in this section, no person has a right to call a witness or appear as a witness in a grand jury proceeding. (b) In proceedings upon bills of indictment submitted by the prosecutor […]
§ 15A-627 – Submission of bill of indictment to grand jury by prosecutor.
15A-627. Submission of bill of indictment to grand jury by prosecutor. (a) When a defendant has been bound over for trial in the superior court upon any charge in the original jurisdiction of such court, the prosecutor, unless he dismisses the charge under the terms of Article 50 of this Chapter, Voluntary Dismissal by the […]
§ 15A-628 – Functions of grand jury; record to be kept by clerk.
15A-628. Functions of grand jury; record to be kept by clerk. (a) A grand jury: (1) Must return a bill submitted to it by the prosecutor as a true bill of indictment if it finds from the evidence probable cause for the charge made. (2) Must return a bill submitted to it by the prosecutor […]
§ 15A-629 – Procedure upon finding of not a true bill; release of defendant, etc.; institution of new charge.
15A-629. Procedure upon finding of not a true bill; release of defendant, etc.; institution of new charge. (a) Upon the return of a bill of indictment as not a true bill, the presiding judge must immediately examine the case records to determine if the defendant is in custody or subject to bail or conditions of […]
§ 15A-630 – Notice to defendant of true bill of indictment.
15A-630. Notice to defendant of true bill of indictment. Upon the return of a bill of indictment as a true bill the presiding judge must immediately cause notice of the indictment to be mailed or otherwise given to the defendant unless he is then represented by counsel of record. The notice must inform the defendant […]
§ 15A-631 – Grand jury venue.
15A-631. Grand jury venue. In the General Court of Justice, the place for returning a presentment or indictment is a matter of venue and not jurisdiction. A grand jury shall have venue to present or indict in any case where the county in which it is sitting has venue for trial pursuant to the laws […]