State v. Stith

HUNTER, JR., Robert N., Judge, Dissenting.

I dissent. An indictment is the sine qua non of criminal jurisdiction as required by Article I, Section 22 of the Constitution of North Carolina. To indict, twelve to eighteen *46persons sitting as a grand jury have to concur in the indictment. N.C. Gen.Stat. § 15A-621. The language of an indictment is presented to the grand jury by a District Attorney pursuant to N.C. Gen.Stat. § 15A-627. The purpose of Constitutional provisions for indictments is: "(1) to provide certainty so as to identify the offense, (2) to protect the accused from twice being put…