State v. Hicks, 241 N.C.App. 345, 772 S.E.2d 486 (Jun. 2, 2015)

In this first-degree murder case, the trial court did not abuse its discretion by denying the defendant’s motion for a bill of particulars. The defendant argued that because the State used a short-form indictment to charge murder, he lacked notice as to which underlying felony supported the felony murder charge. Although a defendant is entitled to a bill of particulars under G.S. 15A-925, the bill of particulars provides factual information not legal theories. The court concluded: “the State’s legal theories are not ‘factual information’ subject to inclusion in a bill of particulars, and no legal mandate requires the State to disclose the legal theory it intends to prove at trial.”