(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 in G.S. 15A-642. If there is a waiver, the pleading must be an information. A presentment by the grand jury may not serve as the pleading in a criminal case.
(b) Form of Information or Indictment. - An information and a bill of indictment charge the crime or crimes in the same manner. An information has entered upon it or attached to it the defendant's written waiver of a bill of indictment. The bill of indictment has entered upon it the finding of the grand jury that it is a true bill.
(c) Waiver of Indictment. - The defendant may waive a bill of indictment as provided in G.S. 15A-642.
(d) Amendment of Information. - An information may be amended only with the consent of the defendant.
(e) No Amendment of Indictment. - A bill of indictment may not be amended. (1973, c. 1286, s. 1.)
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Last modified: March 23, 2014