In my last post, I quoted from Dr. Morton Smith’s commentaries on the Book of Church Order. Sarah was reading through other areas of the commentary, and found this interesting section, commenting on BCO 32-5, which states “In drawing the indictment, the times, places and circumstances should, if possible, be particularly stated, that the accused may have an opportunity to make his defense.” Smith writes:

An indictment that is made in vague generalities, thus not giving the accused opportunity before the trial to know specifically the offenses with which he is charged is justifiable ground for the accused to move the dismissal of the charges. A Court that allows such a vague or general indictment, without specifications, could well be deemed as prejudiced by an appellate Court. The purpose of the whole system of due process is the protection of both parties, and any proceedings that fail to protect the rights of both should be set aside by the appellate Court.