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STATE v. GALE

130 A.2d 786 (1957)

STATE of Delaware v. Thomas C. GALE.

Superior Court of Delaware, New Castle.

March 18, 1957.

Attorney(s) appearing for the Case

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

Norman N. Aerenson, Wilmington, for defendant.

LAYTON, Judge.

In State v. Waters, Del.Super. 128 A.2d 556, January 7, 1957, I denied the State's motion to dismiss defendant's appeal in a similar case upon the authority of State v. Stevens, 3 W.W.Harr. 479, 139 A. 78, adding by way of a footnote, "If there is merit in the Attorney General's argument that the right of appeal in this instance should be limited to a review of the sentence above and not amount to a trial de novo, such...

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