§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 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.)