Commonwealth v. Carey

Dissenting Opinion

Dalton, J.,

July 23, 1956. — I cannot agree with the result reached by the majority opinion. With all deference and respect for my colleagues, I think that the decision now announced rests upon a mistaken con*527ception of the distinction between the ultimate, material facts of a case and the evidence by which the facts are to be proved, that the decision defeats the very purpose which a bill of particulars is intended to serve, that it denies to a defendant in a criminal case information which would be accorded as a matter of right to a defendant in a civil case and that it…