State v. Wall, 235 N.C. App. 196 (Jul. 15, 2014)

The superior court lacked jurisdiction to try the defendant for resisting arrest where the defendant was tried on a misdemeanor statement of charges filed in superior court. The State filed the statement of charges on its own, without an objection to the magistrate’s order having been made by the defendant. Under G.S. 15A-922, “the State has a limited window in which it may file a statement of charges on its own accord, and that is prior to arraignment” in district court. After arraignment, the State may only file a statement of charges when the defendant objects to the sufficiency of the pleading and the trial court rules that the pleading is insufficient.