“Bill of Particulars” Provided For; Conditions

Whether or not an indictment or information complies with § 55.10, if it fails to specify the particulars of the offense sufficiently to enable the defendant to prepare his defense, the court may, on motion of the defendant, require the prosecuting attorney to furnish the defendant with a clarification of the pleading containing such particulars as may be necessary for the preparation of the defense. COURT DECISIONS: SUPERIOR COURT, 1978. The purpose of the bill of particulars is to inform the defendant as to the crime for which he must stand trial, not to compel disclosure of how much the government can or cannot prove, nor to foreclose the government from using proof that may develop as trial approaches. People v. Mesa, et al., Sup. Ct. Cr. ##324F-77, 296F-77 and 327F-77 (Order, 01/24/78; Abbate, P.J.) NOTE: Section 55.30 is comparable to former Rule 7(g) and former § 682(f). See also Fed. R. Crim. P. 7(f). See generally 8 Moore, Federal Practice &7.06 (1974). The transcript of the grand jury proceedings or of the preliminary examination normally provides the defendant with all the information he needs in felony cases. In misdemeanor cases, discovery usually gives the same information. However, there may be cases where it is desirable to pinpoint the issues and this Section will permit such a result.