NC General Statutes
N.C. Gen. Stat. § 1-5 (2026)
Criminal action
✓ current as of July 2026
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A criminal action is -
(1) An action prosecuted by the State as a party, against a person charged with a public offense, for the punishment thereof.
(2) An action prosecuted by the State, at the instance of an individual, to prevent an apprehended crime against his person or property. (Const., art. 4, s. 1; C.C.P., s. 5; Code, s. 129; Rev., s. 350; C.S., s. 395.)
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1877–2025 · leading case: State v. Singleton, 689 S.E.2d 562 (N.C. Ct. App. 2010).
State v. Singleton, 689 S.E.2d 562 (N.C. Ct. App. 2010). “N.C. Gen.Stat. § 1-5 (2007) defines a "criminal action" as "(1) An action prosecuted by the State as a party, against a person charged with a public offense, for the punishment thereof.”
State v. Singleton, 689 S.E.2d 562 (N.C. Ct. App. 2010). “N.C. Gen. Stat. § 1-5 (2007) defines a “criminal action” as “(1) An action prosecuted by the State as a party, against a person charged with a public offense, for the punishment thereof.”
Responsible Citizens in Opposition to the Flood Plain Ordinance v. City of Asheville, 302 S.E.2d 204 (N.C. 1983). “Specifically, plaintiffs challenge Article 6, Section B; Article 7, Section B; Article 8, Section B, Subsections 1-5; and Article 10, Section B, of the ordinance.”
State v. Santifort, 809 S.E.2d 213 (N.C. Ct. App. 2017). “N.C. Gen. Stat. § 1-5 states that a criminal action is "prosecuted by the State as a party, against a person charged with a public offense" or "prosecuted by the State, at the instance of an individual, *218 to prevent an apprehended crime against his person or property.”
In Re Bradsher, 427 B.R. 386 (Bankr. M.D.N.C. 2010). “See 1 Webster’s Real Estate Law in North Carolina § 1-5 (4th ed. (1994); 63C Am Jur 2d Property § 13 (2009)).”
In re Taylor, 774 S.E.2d 863 (N.C. Ct. App. 2015). “While not the basis for our ruling on this issue, we observe that our holding appears to be consistent with the North Carolina Clerk of Superior Court Procedures Manual issued by the University of North Carolina School of Government. The manual states that while "[t]here is no…”
Virginia Electic & Power Co. v. Tillett, 327 S.E.2d 2 (N.C. Ct. App. 1985). “Civil Practice and Procedure, Section 1-5(k) (1981 and Supp. 1983). In actions by private condemnors, however, a separate procedure is specified and that procedure is the exclusive means by which private condemnors may condemn land.”
In Re Dunn, 79 S.E.2d 921 (N.C. 1954). “” An inquisition of lunacy as regards the person whose sanity is in question is a proceeding in personam; as it affects his property is a proceeding in rem.”
State v. Rush, 186 S.E.2d 595 (N.C. Ct. App. 1972). “Index 2d, Robbery, §§ 1-5, pp. 678-687. “Fear will be presumed if there are just grounds for it.”
In re the Special Assessment of $32,218.23 Against Prop. on Stadium Drive, 326 S.E.2d 309 (N.C. Ct. App. 1985). “1-1 through G.S. 1-5. *248 Because all of Dunn’s remaining arguments and assignments of error depend on our finding merit in his first contention, we need not consider them.”
State v. Rumfelt, 85 S.E.2d 398 (N.C. 1955). “” G.S. 1-5 reads in part: “A criminal action is — 1.”
Blake v. . Respass, 77 N.C. 193 (N.C. 1877). “57, § § 1-5 ; and the residue was still retained by the Court of Equity.”
— N.C. Gen. Stat. § 1-5(k) — 1 case
Virginia Electic & Power Co. v. Tillett, 327 S.E.2d 2 (N.C. Ct. App. 1985). “Civil Practice and Procedure, Section 1-5(k) (1981 and Supp. 1983). In actions by private condemnors, however, a separate procedure is specified and that procedure is the exclusive means by which private condemnors may condemn land.”
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