Mathis v. State

Citations

• 45 Fla. 46

Syllabus

<p>1. In a criminal, as in. a civil, case it is too late after a plea to the merits for the defendant to demand a bill of particulars. While the trial judge would have the right, if he saw fit so to do, to order the filing of a bill of particulars after the plea had been interposed, at any time before the trial is begun, it rests entirely within his discretion, and no error can be1 predicated upon his refusal so to do.</p> <p>2, The proper time to interpose a motion for a bill of particulars is before pleading to the merits; in certain classes of cases, such as prosecutions for embezzlement, nuisance. barratry, conspiracy to cheat and defraud, libel, under liquor acts, adultery, perjury, birbery, etc., -where the counts or charges in an indictment or information are so general in their nature that they do mot fully advise th-e accused of the'crime with which he is charged, so tha,t he could prepare his defense, upon a proper showing being-made to the trial court by the defendant in a motion, verified by affidavit, the court has the power to order the furnishing of a bill of particulars by the prosecution, and should do so.</p> <p>3. An application for a 'hill of particulars in a criminal case is not founded upon a legal right, but is a matter resting within the sound discretion of the court, depending entirely upon the nature and circumstances of each particular case as they appear to the court before whom the trial is had, and the refusal of the trial judge to grant such a motion will not be disturbed or reversed by an appellate court, unless there was an abuse of such discretion.</p> <p>i Motions for bills of particulars in criminal cases should par-particularly set forth the portions of the indictment or.information which the defendant claims to require amplification by bill of particulars and point out to the court wherein he desires a fuller statement of the facts.</p> <p>B, Under the system of criminal pleading prevailing in this State, the forms of indictment