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STATE v. FOSSETT

134 A.2d 272 (1957)

STATE of Delaware v. John FOSSETT and Dominick DiBenedetto.

Superior Court of Delaware, New Castle.

July 19, 1957.

Attorney(s) appearing for the Case

Wilfred J. Smith, Jr., Wilmington, Deputy Atty. Gen., for the State.

William E. Taylor, Jr., Wilmington, for defendant John Fossett.

HERRMANN, Judge.

I am called upon to decide (1) whether money validly seized in a gambling case may be forfeited to the State under our Statute and, if so, (2) whether due process of law requires trial by jury in such forfeiture proceeding.

The Statute here involved is 11 Del.C. § 2311(a) which provides:

"§ 2311. Disposition of property validly seized "(a) The following disposition...

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