State v. O'Brien

The facts stated in the original opinion are correct. My dissent, therefore, is pitched on the conclusions of law.

The Trial Judge suggested to the counsel for defendant that if he desired any additional information relating to the crime charged he should apply for a Bill of Particulars. This was done, and in filing the Bill of Particulars the accused’s counsel asked for this information:

“What forcible felony does the State contend the defendant had the intention of committing when he allegedly entered the dwelling as referred to in the Bill of Information?”

The State answered this question as…