§ 15A-642. Prosecutions originating in superior court to be upon indictment or information; waiver of indictment.
§15A‑642. Prosecutions originating in superior court to be uponindictment or information; waiver of indictment.
(a) Prosecutionsoriginating in the superior court must be upon pleadings as provided in Article49 of this Chapter, Pleadings and Joinder.
(b) Indictment may notbe waived in a capital case or in a case in which the defendant is notrepresented by counsel.
(c) Waiver ofindictment must be in writing and signed by the defendant and his attorney. Thewaiver must be attached to or executed upon the bill of information. (1907,c. 71; C.S., s. 4610; 1951, c. 726, ss. 1, 2; 1971, c. 377, s. 30.1; 1973, c.1286, s. 1.)