State v. Taylor

BRANCH, Chief Justice.

By his first assignment of error, defendant contends the trial court erred in failing to grant his motion to dismiss the indictment on the ground that it was not returned in open court.

General Statute 15A-628(c) provides, in pertinent part, that “[b]ills of indictment submitted by the prosecutor to the grand jury, whether found to be true bills or not, must be returned by the foreman of the grand jury to the presiding judge in open court.”

Defendant takes the position that the indictment was not here returned in open court because the sheriff failed to recite “Oyez, Oyez,…