Westbrooks v. State
Mississippi Supreme Court
From the circuit court of Pike county. Hon. William P. Cassedy, Judge. The appellant, Westbrooks, was defendant in the court below, was convicted, and appealed to the supreme court. The facts, out of which the questions decided afose, are stated in the opinion of the court.
Read the full summary
From the circuit court of Pike county. Hon. William P. Cassedy, Judge. The appellant, Westbrooks, was defendant in the court below, was convicted, and appealed to the supreme court. The facts, out of which the questions decided afose, are stated in the opinion of the court. This case presents this question: Whether a defendant in a criminal case is ever entitled to a bill of particulars of the crime charged against him as a matter, of right, either under the statute or at common la.w. The fact that the indictment does not set out the circumstances of the crime is, of course, to be taken into…
1Opinion of the CourtTerral, J.
The appellant was convicted of unlawfully selling intoxicating liquors, and appeals and assigns error therein. Before the trial began, upon a proper affidavit made for that purpose, he moved the court for a bill of particulars of the charge, which the court overruled, and, upon the trial, he proposed to prove his general good character, and this evidence was rejected. •
A bill of particulars, even in civil cases, was unknown to the ancient common law, and its use in later times is said to have arisen under the common law counts in actions of debt and assumpsit. 3 Enc. PI. & Pr., 518. In…
2Cited by13 opinions
- Winters v. StateMississippi Supreme Court · 1984
- Abdur Rahim Ambrose v. State of MississippiMississippi Supreme Court · 2018
- Sherrick v. StateIndiana Supreme Court · 1906
- Mitchell v. StateAlabama Court of Appeals · 1916
- Overstreet v. StateMississippi Supreme Court · 1979
8 more not listed; retrieve them via the Exa API.