north carolina bill of particulars defendant

NORTH CAROLINA BILL OF PARTICULARS DEFENDANT TRIAL

In her first motion for a bill of particulars defendant sought disclosure of the date of her husband's death the cause of death the method and manner in which the State alleges the murder occurred the identity of the murder weapon the time and place of any overt acts of the defendant alleged to have resulted in her husband's death the time, location and parties involved in the acts which were the proximate cause of his death the source and brand name of any poisons administered to him how such poison was administered whether the poison was administered in one dose or several doses and what particular doses the State alleges the defendant administered.ĭefendant's contention that it was erroneous for the trial judge to deny this motion has no merit whatsoever.

The granting or denial of motions for a bill of particulars is within the discretion of the court and is not subject to review except for palpable and gross abuse thereof. 'The function of such a bill of particulars is (1) to inform the defense of the specific occurrences intended to be investigated on the trial and (2) to limit the course of the evidence to the particular scope of inquiry. With respect to a motion for a bill of particulars, we have stated that under G.S. Nothing contained in this section authorizes an order for a bill of particulars which requires the State to recite matters of evidence.' (c) If any or all of the items of information requested are necessary to enable the defendant adequately to prepare or conduct his defense, the court must order the State to file and serve a bill of particulars. ' (b) A motion for a bill of particulars must request and specify items of factual information desired by the defendant which pertain to the charge and which are not recited in the pleading, and must allege that the defendant cannot adequately prepare or conduct his defense without such information.

North carolina bill of particulars defendant