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STATE v. KEMPNER

138 A.2d 504 (1958)

STATE of Delaware v. Herbert KEMPNER.

Superior Court of Delaware, New Castle.

January 29, 1958.

Attorney(s) appearing for the Case

Richard J. Baker, Deputy Atty. Gen., for the State.

Joseph H. Flanzer, Wilmington, for defendant.

HERRMANN, Judge.

The ultimate question for decision is whether the portion of 10 Del.C. § 990 here involved is unconstitutional for violation of the guaranty against double jeopardy.1 That Statute provides in part as follows:

"The Attorney General of the State, in an action before the Court brought for the purpose of determining whether there has been desertion, willful neglect,...

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