Jules v. State

Citations

• 85 Md. 305
• 36 A. 1027
• 1897 Md. LEXIS 42

Syllabus

<p>Criminal Law — Obtaining Money by False Pretences — Statement of the Particulars of the False Pretence — Exception Thereto — Demurrer — Amendment of the Bill of Particulars — Evidence—Sufficiency of the Lndictment.</p> <p>Code, Art. 27, sec. 288, provides that in an indictment for obtaining money, &c., by false pretences, it shall not be necessary to state the particular false pretence used, but that before the trial the defendant shall be entitled to demand the names of the witnesses and a statement of the false pretences intended to be given in evidence. Held, that a bill of particulars of this kind is no part of the pleadings. It need not be drawn with technical precision and is not sub . ject to demurrer, but may be excepted to when not satisfactory, as for instance, when it fails to impart the information to which the defendant is entitled, or when it sets forth evidence which would not be admissible.</p> <p>When a defendant is allowed to demur to such bill of particulars instead of filing exceptions thereto, and, the demurrer being sustained, an amended bill is filed, he will not be heard to complain of such ruling.</p> <p>The bill of particulars provided for by the above statute may be amended.</p> <p>In this case the bill of particulars charged that the defendant, with intent to defraud, falsely represented himself to be a physician possessed of extraordinary and supernatural power to cure certain diseases ; that he could and would cure the prosecutor of a certain malady from which he was suffering, and that the defendant gave to the prosecutor a written agreement promising to refund the sum of money obtained from him if a complete cure was not effected within a certain number of days. It was also alleged that these representations were false, that in consequence of his reliance upon them the prosecutor was induced to part with his money, and that after obtaining the same the defendant absconded. Held,</p> <p>ist. That the representation set forth in the