15A-956. Deferral of ruling on motion to dismiss when charge to be reinstituted.
If a motion to dismiss is made at arraignment or trial, upon motion of the prosecutor the court may recess the proceedings for a period of time requested by the prosecutor, not to exceed 24 hours, prior to ruling upon the motion. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
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.