State v. Kearns

OPINION

By BARTLETT, J.

1. THE DEMURRER OF THE ACCUSED TO THE FIRST COUNT OF THE INDICTMENT, IS OVERRULED.

2. THE FIRST COUNT OF THE INDICTMENT SUFFICIENTLY SETS FORTH ALL THE ESSENTIAL ELEMENTS OF THE CRIME OF THE ACCUSED ACCEPTING A BRIBE, TO INFLUENCE HIM WITH RESPECT TO HIS OFFICIAL DUTIES AS PROSECUTING ATTORNEY OF HIS COUNTY.

3. THE FIRST COUNT OF THE INDICTMENT SUPPLEMENTED BY THE BILL OF PARTICULARS, AVERS WITH REASONABLE CERTAINTY ALL OF THE MATERIAL FACTS WHICH IT IS NECESSARY TO PROVE IN ORDER TO SUSTAIN A CONVICTION, AND DOES SO WITH SUCH REASONABLE CERTAINTY AS TO ADVISE THE ACCUSED…