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CURRAN v. CRAVEN

125 A.2d 375 (1956)

Francis J. CURRAN, Francis J. Maguire, and Ira F. Jones, Jr., Plaintiffs-Petitioners. v. J. Donald CRAVEN, Attorney General of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

September 25, 1956.

Attorney(s) appearing for the Case

Irving Morris of Cohen & Morris, Wilmington, for plaintiffs-petitioners.

J. Donald Craven, Atty. Gen. of the State of Delaware, for defendant.

SEITZ, Chancellor.

In 1948 petitioners were convicted of rape and sentenced to life imprisonment by what is now the Superior Court. They are now serving those terms. In 1954 they filed a motion in the Superior Court pursuant to Rule 35 of the Criminal Rules of that Court, Del.C.Ann., seeking to obtain relief from those sentences on the ground that they had not received a fair trial as required by the Fourteenth Amendment to the U. S. Constitution. They allege in particular...

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