(Download) "State Ex Rel. Wong Sun v. District Court" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Wong Sun v. District Court
- Author : Supreme Court of Montana
- Release Date : January 05, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Submitted May 13, 1941. Criminal Law — Misdemeanors — Practicing Medicine Without License — Information — Defendant Held Entitled to Bill of Particulars for Reasons Stated — Plea of not Guilty not Waiver of Right. Criminal Law — Misdemeanors — Bills of Particulars — Right of Accused to Demand Bill, Though not Given by Statute, Exists by Virtue of Federal and State Constitutions. 1. While there is no statute in this state requiring the giving of a bill of particulars in a criminal case, the right to demand such a bill exists by virtue of the provisions of both the Federal and State Constitutions which give the accused the right to demand the nature and cause of the accusation where the information fails to furnish the necessary particulars. Same — Practicing Medicine Without a License — Defendant Held Entitled to Bill of Particulars for Reasons Stated. 2. Where the statute under which one is charged with a public offense sets forth a number of ways in which the offense may be committed, such as section 3122, Revised Codes, prohibiting the practice of medicine and surgery without first procuring a license, the accused is entitled to know what particular portion of the section he is accused of violating; hence where the information charging defendant with violation of such section merely stated the county in which the offense was committed on or about a given day, he was entitled to know in what particular he was accused of violating the section, and the trial court erred in refusing his request for a bill of particulars. Same — Defendant by Pleading not Guilty Held not Chargeable With Waiver of His Right to Bill of Particulars. 3. A motion for a bill of particulars in a criminal case is not designed to test the sufficiency of the information to state an offense, and by entering a plea of not guilty the accused may not be held to have waived his right to a bill of particulars.
 "State Ex Rel. Wong Sun v. District Court" by Supreme Court of Montana # eBook PDF Kindle ePub Free){kind=link}