Time: Tue Nov 12 08:32:14 1996
To: libertylaw@www.ultimate.org
From: Paul Andrew Mitchell [address in tool bar]
Subject: Millie's version
Cc: 
Bcc: 


>>2.  The DEMAND FOR BILL OF PARTICULARS is interposed prior to the completion
>>of arraignment and prevents arraignment  from being accomplish.  It attacks
>>the accusatory instrument at law on the ground that it does not inform the
>>defendant of the nature and cause of the accusation, making it impossible
>>for the party to enter a plea to the accusation upon which an issue would be
>>formed.

They used to call it a "demurrer"
in federal court, now it is called
a motion in the nature of a demurrer,
i.e.  Demand for Bill of Particulars.
Yes, it obviates the need to enter
a plea, because you logically cannot
do so until and unless you understand
the nature and cause of the charges
being brought against you.  If the
indictment is vague, it is void
under the void for vagueness doctrine.
See Sixth Amendment case law on this
fundamental point.

/s/ Paul Mitchell
      

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