File No. STATE OF NORTH CAROLINA In The General Court Of Justice Superior Court Division County STATE VERSUS INDICTMENT Name Of Defendant I. POSSESSION WITH INTENT TO MANUFACTURE, SELL, AND DELIVER (Identify Substance) Date Of Offense II. SALE AND DELIVERY III. MANUFACTURE Offense In Violation Of G.S. 90-95(a)(1) NOTE: [This form may be used to charge all three offenses, I, II, and III; I only; I and II only; or I and III only. Do not use this form to charge only II or III. Note that although Count I below includes three different ways (intent to sell, intent to deliver, intent to manufacture) to commit that one offense, the state need only prove one of those ways to obtain a conviction. State v. Birdsong, 325 N.C. 418 (1989); State v. Moore, 327 N.C. 378 (1990).] It is not legally necessary in Count I to allege the amount of the controlled substance. If, however, the offense of possession of the controlled substance is a felony or misdemeanor depending on the amount possessed, alleging the amount in Count I will permit the offense of possession of the controlled substances to be submitted to the jury in factually-appropriate cases. I. POSSESSION WITH INTENT TO MANUFACTURE, SELL, AND DELIVER The jurors for the State upon their oath present that on or about the date of offense shown and in the county named above the defendant named above unlawfully, willfully and feloniously did possess with intent to manufacture, sell, and deliver a controlled substance as follows: Specify Amount Of Substance (see note above) Identify Substance Schedule Of the NC Controlled Substances Act II. SALE AND DELIVERY And the jurors for the State upon their oath present that on or about the date of offense shown and in the county named above the defendant named above unlawfully, willfully and feloniously did sell and deliver the controlled substance identified in Count I to: Name Of Person Substance Sold And Delivered To III. MANUFACTURE And the jurors for the State upon their oath present that on or about the date of offense shown and in the county named above the defendant named above unlawfully, willfully and feloniously did manufacture the controlled substance identified in Count I by: (describe act of manufacturing) Signature Of Prosecutor AOC-CR-151, Rev. 10/96 1997 Administrative Office of the Courts (Over) 2001 © American LegalNet, Inc. WITNESSES The Witnesses marked "X" were sworn by the undersigned Foreman of the Grand Jury and, after hearing testimony, this Bill was found to be: A TRUE BILL by twelve or more grand jurors, and I the undersigned Foreman of the Grand Jury, attest the concurrence of twelve or more grand jurors in this Bill of Indictment. NOT A TRUE BILL. Date Signature Of Grand Jury Foreman AOC-CR-151, Side Two, Rev. 10/96 1997 Administrative Office of the Courts 2001 © American LegalNet, Inc.