In 1971, the Courts Commission made a report to the North Carolina General Assembly in which it recommended adoption of a constitutional amendment that would allow for a “workable method for censuring and removing unworthy or disabled judges in North Carolina.” See Report of the Courts Commission to the North Carolina General Assembly, at 26 (1971) (hereinafter “Report”). At that time, the North Carolina Constitution set forth two methods by which a superior court or...
NC Criminal Law
on Thursday, February 19th, 2026
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A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.
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