State v. . Wadford

Stacy, C. J".

Does the filing of a bill of particulars in a prosecution for embezzlement confine the State in its proof to the items set down or enumerated therein?

The question is an important one, and seems not to have been heretofore directly presented in this State, though we have a statute on the subject, and many decisions which deal in a general way with the nature and purpose of a bill of particulars. C. S., 4613, and annotations. There is a dictum in S. v. Van Pelt, 136 N. C., 633, to the effect that, when the solicitor files a bill of particulars, either at the request of the…