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.)

Terms Used In North Carolina General Statutes 15A-955

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Testify: Answer questions in court.