State v. Ellender

Supreme Court of Louisiana

State v. Ellender

232 So. 2d 73, 255 La. 545, 1970 La. LEXIS 3942

CourtSupreme Court of Louisiana

DecidedMarch 4, 1970

DocketNo. 50427

StatusPublished

This text of 232 So. 2d 73 (State v. Ellender) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Ellender, 232 So. 2d 73, 255 La. 545, 1970 La. LEXIS 3942 (La. 1970).

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Opinion

In re: State of Louisiana applying for writs of certiorari, prohibition and mandamus.

Application denied — -Although it is procedurally improper to require the State to disclose whether it has secured a confession (oral or written) on a motion for a bill of particulars, as the function of particulars is to inform the accused in greater detail of the nature and cause of the charge against him, the State has not been harmed by the ruling herein since, under Art. 768 C.Cr.P., it could not introduce evidence of an oral confession without advising defendant in writing of its intention to do so prior to the opening statement.

SUMMERS, J., agrees with the result only.

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In re: State of Louisiana applying for writs of certiorari, prohibition and mandamus.

Application denied — -Although it is procedurally improper to require the State to disclose whether it has secured a confession (oral or written) on a motion for a bill of particulars, as the function of particulars is to inform the accused in greater detail of the nature and cause of the charge against him, the State has not been harmed by the ruling herein since, under Art. 768 C.Cr.P., it could not introduce evidence of an oral confession without advising defendant in writing of its intention to do so prior to the opening statement.

SUMMERS, J., agrees with the result only.

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Bluebook (online)

232 So. 2d 73, 255 La. 545, 1970 La. LEXIS 3942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ellender-la-1970.