History
  • No items yet
midpage
People v. Schubert
140 Misc. 689
New York Court of General Sess...
1931
Check Treatment
Freschi, J.

The defendant moves for a bill of particulars under the Code of Criminal Procedure, section 295-g et seq. (See, also, People v. Gilbert, 96 Misc. 660.) I am of the opinion that in order to describe and render the charge intelligible in its legal requisites (Biggs v. People, 8 Barb. 547, 551), a description of the circumstances should be furnished the defendant so that he may know what particular act or acts constitutes the forging of the instrument and writing set forth in the first count of the indictment here.

Under the second count, the defendant is entitled to have particulars as to the act or acts constituting the uttering, disposing and putting off as true of the alleged forged instrument mentioned in the indictment. Where there is doubt as to some particular of the offense charged, the proper remedy is by a motion for a bill of particulars. (See People v. Farson, 244 N. Y. 413; People v. Weiss, 158 App. Div. 235, 238; affd., 210 N. Y. 546.) An indictment must sufficiently identify the crime. While the very language of the statute has been held sufficient, yet it must also be definite and, with some particularity, identify the acts charged and give some specific indication of the claim of criminality made so that the definite issue may be litigated. (3 Whart. Crim. Proc. [10th ed.] § 1637; 2 Bishop New Crim. Proc. [2d ed.] § 643; People v. Williams, 243 N. Y. 162, 165; People v. Weiss, supra.) Of course, the prosecuting officer should not be compelled to furnish a bill of particulars giving evidentiary facts. (See, also, People v. Taylor, 3 Den. 91.) The motion is granted for the reasons assigned.

Case Details

Case Name: People v. Schubert
Court Name: New York Court of General Session of the Peace
Date Published: Jun 25, 1931
Citation: 140 Misc. 689
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.