§ 15A-646. Superseding indictments and informations. - North Carolina Statutes

§15A‑646.  Superseding indictments and informations.

If at any time before entry ofa plea of guilty to an indictment or information, or commencement of a trialthereof, another indictment or information is filed in the same court chargingthe defendant with an offense charged or attempted to be charged in the firstinstrument, the first one is, with respect to the offense, superseded by thesecond and, upon the defendant's arraignment upon the second indictment orinformation, the count of the first instrument charging the offense must bedismissed by the superior court judge. The first instrument is not, however,superseded with respect to any count contained therein which charged an offensenot charged in the second indictment or information. (1973,c. 1286, s. 1.)