15A-955. Motion to dismiss - Grounds applicable to indictments.
The court on motion of the defendant may dismiss an indictment if it determines that:
(1) There is ground for a challenge to the array,
(2) The requisite number of qualified grand jurors did not concur in finding the indictment, or
(3) All of the witnesses before the grand jury on the bill of indictment were incompetent to testify. (1973, c. 1286, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15A - Criminal Procedure Act
Article 52 - Motions Practice.
§ 15A-951 - Motions in general; definition, service, and filing.
§ 15A-952 - Pretrial motions; time for filing; sanction for failure to file; motion hearing date.
§ 15A-953 - Motions practice in district court.
§ 15A-955 - Motion to dismiss Grounds applicable to indictments.
§ 15A-956 - Deferral of ruling on motion to dismiss when charge to be reinstituted.
§ 15A-957 - Motion for change of venue.
§ 15A-958 - Motion for a special venire from another county.
§ 15A-959 - Notice of defense of insanity; pretrial determination of insanity.