Motion for bill of particulars west virginia trial#

Motion for bill of particulars west virginia trial#

In addition, the trial court refused to order further psychiatric examination of S to determine whether she was fabricating the allegations against her father.Īt trial, the prosecution introduced, in addition to S's testimony, expert medical evidence that S's 'hymen was obliterated.

At a subsequent hearing on the matter, a psychiatrist testified that the appellant possessed sufficient mental ability to appreciate his actions during the commission of the crimes and that the appellant was competent to stand trial. Prior to trial, the appellant filed various motions, one of which was to determine the competency of the appellant to stand trial. memory with the earliest date being her fourth birthday in all rooms of defendant's home except the kitchen, in the woods behind said home and one time during a summer, in the defendant's automobile, all in Webster County, West Virginia. since she was four years old, except for the last one in 1981 on in the defendant's home in Webster County, West Virginia on the weekend before the end of the school term in defendant's home in Webster County, West Virginia on the Saturday and Sunday two weeks after the fall 1980 term of school started in defendant's home in Webster County, West Virginia on every Sunday in. He acts alleged in the indictment occurred on Main the defendant's home in Webster County, West Virginia on Decemon every birthday of. Upon the appellant's motion for a bill of particulars, the prosecution tendered the following answer: The indictment in this case was based upon the allegations of the appellant's daughter, S, who claimed that the appellant had frequently engaged in sexual intercourse with her from the time of her fourth birthday until she was approximately twelve years old. This Court has before it the petition for appeal, all matters of record and the briefs and oral argument of counsel. Pursuant to such convictions, the trial court sentenced the appellant to indeterminate terms of not less than five nor more than ten years, not less than ten nor more than twenty years and not less than one nor more than five years, respectively, to be served concurrently. This action is before this Court upon the appeal of Mack Peyatt, appellant and defendant below, from convictions in the Circuit Court of Webster County for incest, first degree sexual assault and third degree *576 sexual assault. Atty., Webster County, Webster Springs, for appellee.

Gen., Charleston, Linda Nelson Garrett, Pros. Supreme Court of Appeals of West Virginia.