reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 61 - Granting of Immunity to Witnesses. › § 15A-1053 - Grant of immunity before grand jury.

§ 15A-1053. Grant of immunity before grand jury.
(a) When the testimony or other information is to be presented to a grand jury, the order to the witness to testify or produce other information must be issued by the presiding or convening superior court judge, upon application of the district attorney. The order of a superior court judge under this section must be in writing and filed as a part of the permanent records of the court.
(b) The application may be made when the district attorney has been informed by the foreman of the grand jury that the witness has asserted his privilege against self-incrimination and the district attorney determines that the testimony or other information is necessary to the public interest. Before making application to the judge, the district attorney must inform the Attorney General, or a deputy or assistant attorney general designated by him, of the circumstances and his intent to make an application. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 61 - Granting of Immunity to Witnesses. › § 15A-1054 - Charge reductions or sentence concessions in consideration of truthful testimony.

§ 15A-1054. Charge reductions or sentence concessions in consideration of truthful testimony.
(a) Whether or not a grant of immunity is conferred under this Article, a prosecutor, when the interest of justice requires, may exercise his discretion not to try any suspect for offenses believed to have been committed within the prosecutorial district as defined in G.S. 7A-60, to agree to charge reductions, or to agree to recommend sentence concessions, upon the understanding or agreement that the suspect will provide truthful testimony in one or more criminal proceedings.
(b) Recommendations as to sentence concessions must be made to the trial judge by the prosecutor in accordance with the provisions of Article 58 of this Chapter, Procedure[s] Relating to Guilty Pleas in Superior Court.
(c) When a prosecutor enters into any arrangement authorized by this section, written notice fully disclosing the terms of the arrangement must be provided to defense counsel, or to the defendant if not represented by counsel, against whom such testimony is to be offered, a reasonable time prior to any proceeding in which the person with whom the arrangement is made is expected to testify. Upon motion of the defendant or his counsel on grounds of surprise or for other good cause or when the interests of justice require, the court must grant a recess. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1987 (Reg. Sess., 1988), c. 1037, s. 65.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 61 - Granting of Immunity to Witnesses. › § 15A-1055 - Evidence of grant of immunity or testimonial arrangement may be fully developed; impact may be argued to the jury.

§ 15A-1055. Evidence of grant of immunity or testimonial arrangement may be fully developed; impact may be argued to the jury.
(a) Notwithstanding any other rule of evidence to the contrary, any party may examine a witness testifying under a grant of immunity or pursuant to an arrangement under G.S. 15A-1054 with respect to that grant of immunity or arrangement. A party may also introduce evidence or examine other witnesses in corroboration or contradiction of testimony or evidence previously elicited by himself or another party concerning the grant of immunity or arrangement.
(b) A party may argue to the jury with respect to the impact of a grant of immunity or an arrangement under G.S. 15A-1054 upon the credibility of a witness. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 62 - Mistrial. › § 15A-1061 - Mistrial for prejudice to defendant.

§ 15A-1061. Mistrial for prejudice to defendant.
Upon motion of a defendant or with his concurrence the judge may declare a mistrial at any time during the trial. The judge must declare a mistrial upon the defendant's motion if there occurs during the trial an error or legal defect in the proceedings, or conduct inside or outside the courtroom, resulting in substantial and irreparable prejudice to the defendant's case. If there are two or more defendants, the mistrial may not be declared as to a defendant who does not make or join in the motion. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 62 - Mistrial. › § 15A-1062 - Mistrial for prejudice to the State.

§ 15A-1062. Mistrial for prejudice to the State.
Upon motion of the State, the judge may declare a mistrial if there occurs during the trial, either inside or outside the courtroom, misconduct resulting in substantial and irreparable prejudice to the State's case and the misconduct was by a juror or the defendant, his lawyer, or someone acting at the behest of the defendant or his lawyer. If there are two or more defendants, the mistrial may not be declared as to a defendant who does not join in the motion of the State if:
(1) Neither he, his lawyer, nor a person acting at his or his lawyer's behest participated in the misconduct; or
(2) The State's case is not substantially and irreparably prejudiced as to him. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 62 - Mistrial. › § 15A-1063 - Mistrial for impossibility of proceeding.

§ 15A-1063. Mistrial for impossibility of proceeding.
Upon motion of a party or upon his own motion, a judge may declare a mistrial if:
(1) It is impossible for the trial to proceed in conformity with law; or
(2) It appears there is no reasonable probability of the jury's agreement upon a verdict. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 62 - Mistrial. › § 15A-1064 - Mistrial; finding of facts required.

§ 15A-1064. Mistrial; finding of facts required.
Before granting a mistrial, the judge must make finding of facts with respect to the grounds for the mistrial and insert the findings in the record of the case. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 62 - Mistrial. › § 15A-1065 - Procedure following mistrial.

§ 15A-1065. Procedure following mistrial.
When a mistrial is ordered, the judge must direct that the case be retained for trial or such other proceedings as may be proper. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 65 - In General. › § 15A-1101 - Applicability of superior court procedure.

§ 15A-1101. Applicability of superior court procedure.
Trial procedure in the district court is in accordance with the provisions of Subchapter XII, Trial in Superior Court, except for provisions:
(1) Relating to jury trial.
(2) Requiring recordation of proceedings unless they specify their applicability to the district court.
(3) That specify their applicability to superior court. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 66 - Procedure for Hearing and Disposition of Infractions. › § 15A-1111 - General procedure for disposition of infractions.

§ 15A-1111. General procedure for disposition of infractions.
The procedure for the disposition of an infraction, as defined in G.S. 14-3.1, is as provided in this Article. If a question of procedure is not governed by this Article, the procedures applicable to the conduct of pretrial and trial proceedings for misdemeanors in district court are applicable unless the procedure is clearly inapplicable to the hearing of an infraction. (1985, c. 764, s. 3.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 66 - Procedure for Hearing and Disposition of Infractions. › § 15A-1112 - Venue.

§ 15A-1112. Venue.
Venue for the conduct of infraction hearings lies in any county where any act or omission constituting part of the alleged infraction occurred. (1985, c. 764, s. 3.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 66 - Procedure for Hearing and Disposition of Infractions. › § 15A-1113 - Prehearing procedure.

§ 15A-1113. Prehearing procedure.
(a) Process. – A law enforcement officer may issue a citation for an infraction in accordance with the provisions of G.S. 15A-302. A judicial official may issue a summons for an infraction in accordance with the provisions of G.S. 15A-303.
(b) Detention of Person Charged. – A law enforcement officer who has probable cause to believe a person has committed an infraction may detain the person for a reasonable period in order to issue and serve him a citation.
(c) Appearance Bond May Be Required. – A person charged with an infraction may not be required to post an appearance bond if:
(1) He is licensed to drive by a state that subscribes to the nonresident violator compact as defined in Article 1B of Chapter 20 of the General Statutes, the infraction charged is subject to the provisions of that compact, and he executes a personal recognizance as defined by that compact.
(2) He is a resident of North Carolina.
Any other person charged with an infraction may be required to post a bond to secure his appearance and a charging officer may require such a person charged to accompany him to a judicial official's office to allow the official to determine if a bond is necessary to secure the person's court appearance, and if so, what kind of bond is to be used. If the judicial official finds that the person is unable to post a secured bond, he must allow the person to be released on execution of an unsecured bond. The provisions of Article 26 of this Chapter relating to issuance and forfeiture of bail bonds are applicable to bonds required pursuant to this subsection.
(d) Territorial Jurisdiction. – A law enforcement officer's territorial jurisdiction to charge a person with an infraction is the same as his jurisdiction to arrest specified in G.S. 15A-402.
(e) Use of Same Process for Two Offenses. – A person may be charged with a criminal offense and an infraction in the same pleading. (1985, c. 764, s. 3; 1985 (Reg. Sess., 1986), c. 852, s. 12.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 66 - Procedure for Hearing and Disposition of Infractions. › § 15A-1114 - Hearing procedure for infractions.

§ 15A-1114. Hearing procedure for infractions.
(a) Jurisdiction. – Jurisdiction for the adjudication and disposition of infractions is as specified in G.S. 7A-253 and G.S. 7A-271(d).
(b) No Trial by Jury. – In adjudicatory hearings for infractions, no party has a right to a trial by jury in district court.
(c) Infractions Heard in Civil or Criminal Session. – A district court judge may conduct proceedings relating to traffic infractions in a civil or criminal session of court, unless the infraction is joined with a criminal offense arising out of the same transaction or occurrence. In such a case, the criminal offense and the infraction must be heard at a session in which criminal matters may be heard.
(d) Pleas. – A person charged with an infraction may admit or deny responsibility for the infraction. The plea must be made by the person charged in open court, unless he submits a written waiver of appearance which is approved by the presiding judge, or, if authorized by G.S. 7A-146, he waives his right to a hearing and admits responsibility for the infraction in writing and pays the specified penalty and costs.
(e) Duty of District Attorney. – The district attorney is responsible for ensuring that infractions are calendared and prosecuted efficiently.
(f) Burden of Proof. – The State must prove beyond a reasonable doubt that the person charged is responsible for the infraction unless the person admits responsibility.
(g) Recording Not Necessary. – The State does not have to record the proceedings at infraction hearings. With the approval of the court, a party may, at his expense, record any proceeding. (1985, c. 764, s. 3.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 66 - Procedure for Hearing and Disposition of Infractions. › § 15A-1115 - Review of infractions originally disposed of in superior court.

§ 15A-1115. Review of infractions originally disposed of in superior court.
(a) Repealed by Session Laws 2013-385, s. 1, effective December 1, 2013.
(b) Review of Infractions Originally Disposed of in Superior Court. – If the superior court disposes of an infraction pursuant to its jurisdiction in G.S. 7A-271(d), appeal from that judgment is as provided for criminal actions in the superior court. (1985, c. 764, s. 3; 1985 (Reg. Sess., 1986), c. 852, s. 10; 2013-385, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 66 - Procedure for Hearing and Disposition of Infractions. › § 15A-1116 - Enforcement of sanctions.

§ 15A-1116. Enforcement of sanctions.
(a) Use of Contempt or Fine Collection Procedures: Notification of DMV. – If the person does not comply with a sanction ordered by the court, the court may proceed in accordance with Chapter 5A of the General Statutes. If the person fails to pay a penalty or costs, the court may proceed in accordance with Article 84 of this Chapter. If the infraction is a motor vehicle infraction, the court must report a failure to pay the applicable penalty and costs to the Division of Motor Vehicles as specified in G.S. 20-24.2.
(b) No Order for Arrest. – If a person served with a citation for an infraction fails to appear to answer the charge, the court may issue a criminal summons to secure the person's appearance, but an order for arrest may not be used in such cases. (1985, c. 764, s. 3; 1985 (Reg. Sess., 1986), c. 852, ss. 1, 2, 15.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 66 - Procedure for Hearing and Disposition of Infractions. › §§ 15A-1117: Recodified as § 20-24.2 by Session Laws 1985 (Reg. Sess., 1986), c. 852, s. 3.

§ 15A-1117: Recodified as § 20-24.2 by Session Laws 1985 (Reg. Sess., 1986), c. 852, s. 3.
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 72 - Selecting and Impaneling the Jury. › § 15A-1211 - Selection procedure generally; role of judge; challenge to the panel; authority of judge to excuse jurors.

§ 15A-1211. Selection procedure generally; role of judge; challenge to the panel; authority of judge to excuse jurors.
(a) The provisions of Chapter 9 of the General Statutes, Jurors, pertinent to criminal cases apply except when this Chapter specifically provides a different procedure.
(b) The trial judge must decide all challenges to the panel and all questions concerning the competency of jurors.
(c) The State or the defendant may challenge the jury panel. A challenge to the panel:
(1) May be made only on the ground that the jurors were not selected or drawn according to law.
(2) Must be in writing.
(3) Must specify the facts constituting the ground of challenge.
(4) Must be made and decided before any juror is examined.
If a challenge to the panel is sustained, the judge must discharge the panel.
(d) The judge may excuse a juror without challenge by any party if he determines that grounds for challenge for cause are present. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 72 - Selecting and Impaneling the Jury. › § 15A-1212 - Grounds for challenge for cause.

§ 15A-1212. Grounds for challenge for cause.
A challenge for cause to an individual juror may be made by any party on the ground that the juror:
(1) Does not have the qualifications required by G.S. 9-3.
(2) Is incapable by reason of mental or physical infirmity of rendering jury service.
(3) Has been or is a party, a witness, a grand juror, a trial juror, or otherwise has participated in civil or criminal proceedings involving a transaction which relates to the charge against the defendant.
(4) Has been or is a party adverse to the defendant in a civil action, or has complained against or been accused by him in a criminal prosecution.
(5) Is related by blood or marriage within the sixth degree to the defendant or the victim of the crime.
(6) Has formed or expressed an opinion as to the guilt or innocence of the defendant. It is improper for a party to elicit whether the opinion formed is favorable or adverse to the defendant.
(7) Is presently charged with a felony.
(8) As a matter of conscience, regardless of the facts and circumstances, would be unable to render a verdict with respect to the charge in accordance with the law of North Carolina.
(9) For any other cause is unable to render a fair and impartial verdict. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 72 - Selecting and Impaneling the Jury. › § 15A-1213 - Informing prospective jurors of case.

§ 15A-1213. Informing prospective jurors of case.
Prior to selection of jurors, the judge must identify the parties and their counsel and briefly inform the prospective jurors, as to each defendant, of the charge, the date of the alleged offense, the name of any victim alleged in the pleading, the defendant's plea to the charge, and any affirmative defense of which the defendant has given pretrial notice as required by Article 52, Motions Practice. The judge may not read the pleadings to the jury. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 72 - Selecting and Impaneling the Jury. › § 15A-1215 - Alternate jurors.

§ 15A-1215. Alternate jurors.
(a) The judge may permit the seating of one or more alternate jurors. Alternate jurors must be sworn and seated near the jury with equal opportunity to see and hear the proceedings. They must attend the trial at all times with the jury, and obey all orders and admonitions of the judge. When the jurors are ordered kept together, the alternate jurors must be kept with them. The court should ensure that the alternate jurors do not discuss the case with anyone until that alternate replaces a juror or is discharged. If at any time prior to a verdict being rendered, any juror dies, becomes incapacitated or disqualified, or is discharged for any other reason, an alternate juror becomes a juror, in the order in which selected, and serves in all respects as those selected on the regular trial panel. If an alternate juror replaces a juror after deliberations have begun, the court must instruct the jury to begin its deliberations anew. In no event shall more than 12 jurors participate in the jury's deliberations. Alternate jurors receive the same compensation as other jurors and, unless they become jurors, must be discharged in the same manner and at the same time as the original jury.
(b) In all criminal actions in which one or more defendants is to be tried for a capital offense, or enter a plea of guilty to a capital offense, the presiding judge shall provide for the selection of at least two alternate jurors, or more as he deems appropriate. The alternate jurors shall be retained during the deliberations of the jury on the issue of guilt or innocence under such restrictions, regulations and instructions as the presiding judge shall direct. In case of sequestration of a jury during deliberations in a capital case, alternates shall be sequestered in the same manner as is the trial jury, but such alternates shall also be sequestered from the trial jury. In no event shall more than 12 jurors participate in the jury's deliberations. (1977, c. 711, s. 1; 1979, c. 711, s. 1; 2021-94, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 72 - Selecting and Impaneling the Jury. › § 15A-1216 - Impaneling jury.

§ 15A-1216. Impaneling jury.
After all jurors, including alternate jurors, have been selected, the clerk impanels the jury by instructing them as follows: "Members of the jury, you have been sworn and are now impaneled to try the issue in the case of State of North Carolina versus ________. You will sit together, hear the evidence, and render your verdict accordingly." (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 72 - Selecting and Impaneling the Jury. › § 15A-1217 - Number of peremptory challenges.

§ 15A-1217. Number of peremptory challenges.
(a) Capital cases.
(1) Each defendant is allowed 14 challenges.
(2) The State is allowed 14 challenges for each defendant.
(b) Noncapital cases.
(1) Each defendant is allowed six challenges.
(2) The State is allowed six challenges for each defendant.
(c) Each party is entitled to one peremptory challenge for each alternate juror in addition to any unused challenges. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1221 - Order of proceedings in jury trial; reading of indictment prohibited.

§ 15A-1221. Order of proceedings in jury trial; reading of indictment prohibited.
(a) The order of a jury trial, in general, is as follows:
(1) Repealed by Session Laws 1995 (Regular Session 1996), c. 725, s. 10.
(1a) Unless the defendant has filed a written request for an arraignment, the court must enter a not guilty plea on behalf of the defendant in accordance with G.S. 15A-941. If a defendant does file a written request for an arraignment, then the defendant must be arraigned and must have his or her plea recorded out of the presence of the prospective jurors in accordance with G.S. 15A-941.
(2) The judge must inform the prospective jurors of the case in accordance with G.S. 15A-1213.
(3) The jury must be sworn, selected and impaneled in accordance with Article 72, Selecting and Impaneling the Jury.
(4) Each party must be given the opportunity to make a brief opening statement, but the defendant may reserve his opening statement.
(5) The State must offer evidence.
(6) The defendant may offer evidence and, if he has reserved his opening statement, may precede his evidence with that statement.
(7) The State and the defendant may then offer successive rebuttals as provided in G.S. 15A-1226.
(8) At the conclusion of the evidence, the parties may make arguments to the jury in accordance with the provisions of G.S. 15A-1230.
(9) The judge must deliver a charge to the jury in accordance with the provisions of G.S. 15A-1231 and 15A-1232.
(10) The jury must retire to deliberate.
(b) At no time during the selection of the jury or during trial may any person read the indictment to the prospective jurors or to the jury. (1977, c. 711, s. 1; 1977, 2nd Sess., c. 1147, s. 2; 1995 (Reg. Sess., 1996), c. 725, s. 10; 2021-94, s. 2.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1222 - Expression of opinion prohibited.

§ 15A-1222. Expression of opinion prohibited.
The judge may not express during any stage of the trial, any opinion in the presence of the jury on any question of fact to be decided by the jury. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1223 - Disqualification of judge.

§ 15A-1223. Disqualification of judge.
(a) A judge on his own motion may disqualify himself from presiding over a criminal trial or other criminal proceeding.
(b) A judge, on motion of the State or the defendant, must disqualify himself from presiding over a criminal trial or other criminal proceeding if he is:
(1) Prejudiced against the moving party or in favor of the adverse party; or
(2) Repealed by Session Laws 1983 (Regular Session 1984), c. 1037, s. 6.
(3) Closely related to the defendant by blood or marriage; or
(4) For any other reason unable to perform the duties required of him in an impartial manner.
(c) A motion to disqualify must be in writing and must be accompanied by one or more affidavits setting forth facts relied upon to show the grounds for disqualification.
(d) A motion to disqualify a judge must be filed no less than five days before the time the case is called for trial unless good cause is shown for failure to file within that time. Good cause includes the discovery of facts constituting grounds for disqualification less than five days before the case is called for trial.
(e) A judge must disqualify himself from presiding over a criminal trial or proceeding if he is a witness for or against one of the parties in the case. (1977, c. 711, s. 1; 1983 (Reg. Sess., 1984), c. 1037, s. 6.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1224 - Death or disability of trial judge.

§ 15A-1224. Death or disability of trial judge.
(a) If by reason of sickness or other disability a judge before whom the defendant is being tried is unable to continue presiding over the trial without the necessity of a continuance, he may in his discretion order a mistrial.
(b) If by reason of absence, death, sickness, or other disability, the judge before whom the defendant is being or has been tried is unable to perform the duties required of him before entry of judgment, and has not ordered a mistrial, any other judge assigned to the court may perform those duties, but if the other judge is satisfied that he cannot perform those duties because he did not preside at an earlier stage of the proceedings or for any other reason, he must order a mistrial. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1225 - Exclusion of witnesses.

§ 15A-1225. Exclusion of witnesses.
Upon motion of a party the judge may order all or some of the witnesses other than the defendant to remain outside of the courtroom until called to testify, except when a minor child is called as a witness the parent or guardian may be present while the child is testifying even though his parent or guardian is to be called subsequently. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1226 - Rebuttal evidence; additional evidence.

§ 15A-1226. Rebuttal evidence; additional evidence.
(a) Each party has the right to introduce rebuttal evidence concerning matters elicited in the evidence in chief of another party. The judge may permit a party to offer new evidence during rebuttal which could have been offered in the party's case in chief or during a previous rebuttal, but if new evidence is allowed, the other party must be permitted further rebuttal.
(b) The judge in his discretion may permit any party to introduce additional evidence at any time prior to verdict. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1227 - Motion for dismissal.

§ 15A-1227. Motion for dismissal.
(a) A motion for dismissal for insufficiency of the evidence to sustain a conviction may be made at the following times:
(1) Upon close of the State's evidence.
(2) Upon close of all the evidence.
(3) After return of a verdict of guilty and before entry of judgment.
(4) After discharge of the jury without a verdict and before the end of the session.
(b) Failure to make the motion at the close of the State's evidence or after all the evidence is not a bar to making the motion at a later time as provided in subsection (a).
(c) The judge must rule on a motion to dismiss for insufficiency of the evidence before the trial may proceed.
(d) The sufficiency of all evidence introduced in a criminal case is reviewable on appeal without regard to whether a motion has been made during trial, as provided in G.S. 15A-1446(d)(5). (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1228 - Notes by the jury.

§ 15A-1228. Notes by the jury.
Except where the judge, on the judge's own motion or the motion of any party, directs otherwise, jurors may make notes and take them into the jury room during their deliberations. (1977, c. 711, s. 1; 1993, c. 498.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1229 - View by jury.

§ 15A-1229. View by jury.
(a) The trial judge in his discretion may permit a jury view. If a view is ordered, the judge must order the jury to be conducted to the place in question in the custody of an officer. The officer must be instructed to permit no person to communicate with the jury on any subject connected with the trial, except as provided in subsection (b), nor to do so himself, and to return the jurors to the courtroom without unnecessary delay or at a specified time. The judge, prosecutor, and counsel for the defendant must be present at the view by the jury. The defendant is entitled to be present at the view by the jury.
(b) A judge in his discretion may permit a witness under oath to testify at the site of the jury view and point out objects and physical characteristics material to his testimony. The testimony must be recorded. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1230 - Limitations on argument to the jury.

§ 15A-1230. Limitations on argument to the jury.
(a) During a closing argument to the jury an attorney may not become abusive, inject his personal experiences, express his personal belief as to the truth or falsity of the evidence or as to the guilt or innocence of the defendant, or make arguments on the basis of matters outside the record except for matters concerning which the court may take judicial notice. An attorney may, however, on the basis of his analysis of the evidence, argue any position or conclusion with respect to a matter in issue.
(b) Length, number, and order of arguments allotted to the parties are governed by G.S. 7A-97. (1977, c. 711, s. 1; 2010-96, s. 4.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1231 - Jury instructions.

§ 15A-1231. Jury instructions.
(a) At the close of the evidence or at an earlier time directed by the judge, any party may tender written instructions. A party tendering instructions must furnish copies to the other parties at the time he tenders them to the judge.
(b) Before the arguments to the jury, the judge must hold a recorded conference on instructions out of the presence of the jury. At the conference the judge must inform the parties of the offenses, lesser included offenses, and affirmative defenses on which he will charge the jury and must inform them of what, if any, parts of tendered instructions will be given. A party is also entitled to be informed, upon request, whether the judge intends to include other particular instructions in his charge to the jury. The failure of the judge to comply fully with the provisions of this subsection does not constitute grounds for appeal unless his failure, not corrected prior to the end of the trial, materially prejudiced the case of the defendant.
(c) After the arguments are completed, the judge must instruct the jury in accordance with G.S. 15A-1232.
(d) All instructions given and tendered instructions which have been refused become a part of the record. Failure to object to an erroneous instruction or to the erroneous failure to give an instruction does not constitute a waiver of the right to appeal on that error in accordance with G.S. 15A-1446(d)(13). (1977, c. 711, s. 1; 1983, c. 635.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1232 - Jury instructions; explanation of law; opinion prohibited.

§ 15A-1232. Jury instructions; explanation of law; opinion prohibited.
In instructing the jury, the judge shall not express an opinion as to whether or not a fact has been proved and shall not be required to state, summarize or recapitulate the evidence, or to explain the application of the law to the evidence. (1977, c. 711, s. 1; 1985, c. 537, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1233 - Review of testimony; use of evidence by the jury.

§ 15A-1233. Review of testimony; use of evidence by the jury.
(a) If the jury after retiring for deliberation requests a review of certain testimony or other evidence, the jurors must be conducted to the courtroom. The judge in his discretion, after notice to the prosecutor and defendant, may direct that requested parts of the testimony be read to the jury and may permit the jury to reexamine in open court the requested materials admitted into evidence. In his discretion the judge may also have the jury review other evidence relating to the same factual issue so as not to give undue prominence to the evidence requested.
(b) Upon request by the jury and with consent of all parties, the judge may in his discretion permit the jury to take to the jury room exhibits and writings which have been received in evidence. If the judge permits the jury to take to the jury room requested exhibits and writings, he may have the jury take additional material or first review other evidence relating to the same issue so as not to give undue prominence to the exhibits or writings taken to the jury room. If the judge permits an exhibit to be taken to the jury room, he must, upon request, instruct the jury not to conduct any experiments with the exhibit. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1234 - Additional instructions.

§ 15A-1234. Additional instructions.
(a) After the jury retires for deliberation, the judge may give appropriate additional instructions to:
(1) Respond to an inquiry of the jury made in open court; or
(2) Correct or withdraw an erroneous instruction; or
(3) Clarify an ambiguous instruction; or
(4) Instruct the jury on a point of law which should have been covered in the original instructions.
(b) At any time the judge gives additional instructions, he may also give or repeat other instructions to avoid giving undue prominence to the additional instructions.
(c) Before the judge gives additional instructions, he must inform the parties generally of the instructions he intends to give and afford them an opportunity to be heard. The parties upon request must be permitted additional argument to the jury if the additional instructions change, by restriction or enlargement, the permissible verdicts of the jury. Otherwise, the allowance of additional argument is within the discretion of the judge.
(d) All additional instructions must be given in open court and must be made a part of the record. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1235 - Length of deliberations; deadlocked jury.

§ 15A-1235. Length of deliberations; deadlocked jury.
(a) Before the jury retires for deliberation, the judge must give an instruction which informs the jury that in order to return a verdict, all 12 jurors must agree to a verdict of guilty or not guilty.
(b) Before the jury retires for deliberation, the judge may give an instruction which informs the jury that:
(1) Jurors have a duty to consult with one another and to deliberate with a view to reaching an agreement, if it can be done without violence to individual judgment;
(2) Each juror must decide the case for himself, but only after an impartial consideration of the evidence with his fellow jurors;
(3) In the course of deliberations, a juror should not hesitate to reexamine his own views and change his opinion if convinced it is erroneous; and
(4) No juror should surrender his honest conviction as to the weight or effect of the evidence solely because of the opinion of his fellow jurors, or for the mere purpose of returning a verdict.
(c) If it appears to the judge that the jury has been unable to agree, the judge may require the jury to continue its deliberations and may give or repeat the instructions provided in subsections (a) and (b). The judge may not require or threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals.
(d) If it appears that there is no reasonable possibility of agreement, the judge may declare a mistrial and discharge the jury. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1236 - Admonitions to jurors; regulation and separation of jurors.

§ 15A-1236. Admonitions to jurors; regulation and separation of jurors.
(a) The judge at appropriate times must admonish the jurors that it is their duty:
(1) Not to talk among themselves about the case except in the jury room after their deliberations have begun;
(2) Not to talk to anyone else, or to allow anyone else to talk with them or in their presence about the case and that they must report to the judge immediately the attempt of anyone to communicate with them about the case;
(3) Not to form an opinion about the guilt or innocence of the defendant, or express any opinion about the case until they begin their deliberations;
(4) To avoid reading, watching, or listening to accounts of the trial; and
(5) Not to talk during trial to parties, witnesses, or counsel.
The judge may also admonish them with respect to other matters which he considers appropriate.
(b) The judge in his discretion may direct that the jurors be sequestered.
(c) If the jurors are committed to the charge of an officer, he must be sworn by the clerk to keep the jurors together and not to permit any person to speak or otherwise communicate with them on any subject connected with the trial nor to do so himself, and to return the jurors to the courtroom as directed by the judge. (1977, c. 711, s. 1; 1977, 2nd Sess., c. 1147, s. 3.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1237 - Verdict.

§ 15A-1237. Verdict.
(a) The verdict must be in writing, signed by the foreman, and made a part of the record of the case.
(b) The verdict must be unanimous, and must be returned by the jury in open court.
(c) If the jurors find the defendant not guilty on the ground that he was insane at the time of the commission of the offense charged, their verdict must so state.
(d) If there are two or more defendants, the jury must return a separate verdict with respect to each defendant. If the jury agrees upon a verdict for one defendant but not another, it must return that verdict upon which it agrees.
(e) If there are two or more offenses for which the jury could return a verdict, it may return a verdict with respect to any offense, including a lesser included offense on which the judge charged, as to which it agrees. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1238 - Polling the jury.

§ 15A-1238. Polling the jury.
Upon the motion of any party made after a verdict has been returned and before the jury has dispersed, the jury must be polled. The judge may also upon his own motion require the polling of the jury. The poll may be conducted by the judge or by the clerk by asking each juror individually whether the verdict announced is his verdict. If upon the poll there is not unanimous concurrence, the jury must be directed to retire for further deliberations. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1239 - Judicial comment on verdict.

§ 15A-1239. Judicial comment on verdict.
The trial judge may not comment upon the verdict of a jury in open court in the presence or hearing of any member of the jury panel. If he does so, any defendant whose case is calendared for that session of court is entitled, upon motion, to a continuance of his case to a time when all members of the entire jury panel are no longer serving. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1240 - Impeachment of the verdict.

§ 15A-1240. Impeachment of the verdict.
(a) Upon an inquiry into the validity of a verdict, no evidence may be received to show the effect of any statement, conduct, event, or condition upon the mind of a juror or concerning the mental processes by which the verdict was determined.
(b) The limitations in subsection (a) do not bar evidence concerning whether the verdict was reached by lot.
(c) After the jury has dispersed, the testimony of a juror may be received to impeach the verdict of the jury on which he served, subject to the limitations in subsection (a), only when it concerns:
(1) Matters not in evidence which came to the attention of one or more jurors under circumstances which would violate the defendant's constitutional right to confront the witnesses against him; or
(2) Bribery, intimidation, or attempted bribery or intimidation of a juror. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1241 - Record of proceedings.

§ 15A-1241. Record of proceedings.
(a) The trial judge must require that the reporter make a true, complete, and accurate record of all statements from the bench and all other proceedings except:
(1) Selection of the jury in noncapital cases;
(2) Opening statements and final arguments of counsel to the jury; and
(3) Arguments of counsel on questions of law.
(b) Upon motion of any party or on the judge's own motion, proceedings excepted under subdivisions (1) and (2) of subsection (a) must be recorded. The motion for recordation of jury arguments must be made before the commencement of any argument and if one argument is recorded all must be. Upon suggestion of improper argument, when no recordation has been requested or ordered, the judge in his discretion may require the remainder to be recorded.
(c) When a party makes an objection to unrecorded statements or other conduct in the presence of the jury, upon motion of either party the judge must reconstruct for the record, as accurately as possible, the matter to which objection was made.
(d) The trial judge may review the accuracy of the reporter's record of the proceedings, but may not make substantive changes in the transcript concerning his charge, rulings, and comments without notice to the State, the defense, and the reporter. When any correction of a transcript is ordered made by a judge, each party is entitled to receive, upon request, a copy of the transcript indicating the text as submitted by the reporter and as changed by the judge. Upon motion of any party, the judge must afford the parties a hearing upon any change ordered by the judge. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1242 - Defendant's election to represent himself at trial.

§ 15A-1242. Defendant's election to represent himself at trial.
A defendant may be permitted at his election to proceed in the trial of his case without the assistance of counsel only after the trial judge makes thorough inquiry and is satisfied that the defendant:
(1) Has been clearly advised of his right to the assistance of counsel, including his right to the assignment of counsel when he is so entitled;
(2) Understands and appreciates the consequences of this decision; and
(3) Comprehends the nature of the charges and proceedings and the range of permissible punishments. (1977, c. 711, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 73 - Criminal Jury Trial in Superior Court. › § 15A-1243 - Standby counsel for defendant representing himself.

§ 15A-1243. Standby counsel for defendant representing himself.
When a defendant has elected to proceed without the assistance of counsel, the trial judge in his discretion may determine that standby counsel should be appointed to assist the defendant when called upon and to bring to the judge's attention matters favorable to the defendant upon which the judge should rule upon his own motion. Appointment and compensation of standby counsel shall be in accordance with rules adopted by the Office of Indigent Defense Services. (1977, c. 711, s. 1; 2000-144, s. 30.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 78 - Order of Commitment to Imprisonment. › § 15A-1301 - Order of commitment to imprisonment when not otherwise specified.

§ 15A-1301. Order of commitment to imprisonment when not otherwise specified.
When a judicial official orders that a defendant be imprisoned he must issue an appropriate written commitment order. When the commitment is to a sentence of imprisonment, the commitment must include the identification and class of the offense or offenses for which the defendant was convicted and, if the sentences are consecutive, the maximum sentence allowed by law upon conviction of each offense for the punishment range used to impose the sentence for the class of offense and prior record or conviction level, and, if the sentences are concurrent or consolidated, the longest of the maximum sentences allowed by law for the classes of offense and prior record or conviction levels upon conviction of any of the offenses. If the person sentenced to imprisonment is under the age of 18, the person must be committed to a detention facility approved by the Division of Juvenile Justice to provide secure confinement and care for juveniles. If the person is under the age of 18, the person may be temporarily confined in a holdover facility as defined in G.S. 7B-1501(11) until the person can be transferred to a juvenile detention facility. Personnel of the Juvenile Justice Division or personnel approved by the Juvenile Justice Division shall transport the person to the juvenile detention facility or the holdover facility. (1977, c. 711, s. 1; 1977, 2nd Sess., c. 1147, s. 4; 1993, c. 538, s. 11; 1994, Ex. Sess., c. 24, s. 14(b); 2020-83, s. 8(d); 2021-180, ss. 19C.9(z), 19C.9(aa).)