![]() ![]() Information on the levels of arsenic detected in the deceased's body samples are contained in the autopsy report and the laboratory test results. The murder weapon (arsenic), the method and manner in which the killing occurred, the brand name and source of arsenic (Terro Ant Killer), the parties involved, and the fact that the arsenic was administered by defendant by placing it in his food and in his ice tea were all discussed in the tape recorded conversations defendant had with witness Brooks and witness Christy. All the information requested by defendant in her first motion for a bill of particulars was contained in the above material that she received during pretrial discovery.įor example, the date and cause of death are listed in the autopsy report. ![]() The order also required the State to make available to defendant, and any medical experts retained by her, the deceased's body samples for testing at the State Toxicology Laboratory. The record discloses that on 17 March 1978 the trial judge granted in part defendant's discovery motion and ordered the State to disclose the following: All statements, written or oral, made by defendant to police officers and any other persons a transcript of recorded statements made by defendant tangible physical evidence in the State's possession which it intended to introduce into evidence results of all tests conducted on the deceased's body samples and on any other physical or tangible evidence the State intended to introduce into evidence and the complete autopsy report. In her first motion for a bill of particulars defendant sought disclosure of the date of her husband's death the cause of death the method and manner in which the State alleges the murder occurred the identity of the murder weapon the time and place of any overt acts of the defendant alleged to have resulted in her husband's death the time, location and parties involved in the acts which were the proximate cause of his death the source and brand name of any poisons administered to him how such poison was administered whether the poison was administered in one dose or several doses and what particular doses the State alleges the defendant administered.ĭefendant's contention that it was erroneous for the trial judge to deny this motion has no merit whatsoever. The granting or denial of motions for a bill of particulars is within the discretion of the court and is not subject to review except for palpable and gross abuse thereof. "The function of such a bill of particulars is (1) to inform the defense of the specific occurrences intended to be investigated on the trial and (2) to limit the course of the evidence to the particular scope of inquiry. With respect to a motion for a bill of particulars, we have stated that under G.S. Nothing contained in this section authorizes an order for a bill of particulars which requires the State to recite matters of evidence." (c) If any or all of the items of information requested are necessary to enable the defendant adequately to prepare or conduct his defense, the court must order the State to file and serve a bill of particulars. " (b) A motion for a bill of particulars must request and specify items of factual information desired by the defendant which pertain to the charge and which are not recited in the pleading, and must allege that the defendant cannot adequately prepare or conduct his defense without such information. ![]()
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