15A-921. Pleadings in criminal cases. Subject to the provisions of this Article, the following may serve as pleadings of the State in criminal cases: (1) Citation. (2) Criminal summons. (3) Warrant for arrest. (4) Magistrate’s order pursuant to G.S. 15A-511 after arrest without warrant. (5) Statement of charges. (6) Information. (7) Indictment. (1973, c. 1286, […]
15A-922. Use of pleadings in misdemeanor cases generally. (a) Process as Pleadings. – The citation, criminal summons, warrant for arrest, or magistrate’s order serves as the pleading of the State for a misdemeanor prosecuted in the district court, unless the prosecutor files a statement of charges, or there is objection to trial on a citation. […]
15A-923. Use of pleadings in felony cases and misdemeanor cases initiated in the superior court division. (a) Prosecution on Information or Indictment. – The pleading in felony cases and misdemeanor cases initiated in the superior court division must be a bill of indictment, unless there is a waiver of the bill of indictment as provided […]
15A-924. Contents of pleadings; duplicity; alleging and proving previous convictions; failure to charge crime; surplusage. (a) A criminal pleading must contain: (1) The name or other identification of the defendant but the name of the defendant need not be repeated in each count unless required for clarity. (2) A separate count addressed to each offense […]
15A-925. Bill of particulars. (a) Upon motion of a defendant under G.S. 15A-952, the court in which a charge is pending may order the State to file a bill of particulars with the court and to serve a copy upon the defendant. (b) A motion for a bill of particulars must request and specify items […]
15A-926. Joinder of offenses and defendants. (a) Joinder of Offenses. – Two or more offenses may be joined in one pleading or for trial when the offenses, whether felonies or misdemeanors or both, are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of […]
15A-927. Severance of offenses; objection to joinder of defendants for trial. (a) Timeliness of Motion; Waiver; Double Jeopardy. (1) A defendant’s motion for severance of offenses must be made before trial as provided in G.S. 15A-952, except as provided in G.S. 15A-953, and except that a motion for severance may be made before or at […]
15A-928. Allegation and proof of previous convictions in superior court. (a) When the fact that the defendant has been previously convicted of an offense raises an offense of lower grade to one of higher grade and thereby becomes an element of the latter, an indictment or information for the higher offense may not allege the […]
