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STATE v. OWENS

101 A.2d 319 (1953)

STATE v. OWENS (two cases).

Superior Court of Delaware, New Castle.

December 1, 1953.

Attorney(s) appearing for the Case

Edmund N. Carpenter, II, Dep. Atty. Gen., for the State.

Brereton Sturtevant, Wilmington, for defendant.

LAYTON, Judge.

A statute of this nature is valid provided only that it is made applicable to a fourth offense committed subsequent to its passage. Gryger v. Burke, Warden, 334 U.S. 728, 68 S.Ct. 1256, 92 L.Ed. 1683; Wilson v. U. S., 9 Cir., 205 F.2d 567; Cases v. U. S., 1 Cir., 131 F.2d 916.

But the application of a...

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