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NANCE v. REES

161 A.2d 795 (1960)

Daniel NANCE, Appellant, v. Andrew REES, Appellee. Janet B. RINEER and George W. Rineer, Plaintiffs, v. STATE of Delaware, Peter W. Steil and Angelo Citro, Defendants and Third Party Plaintiffs, v. Francis R. BRADLEY, Third Party Defendant.

Supreme Court of Delaware.

May 9, 1960.

Attorney(s) appearing for the Case

John Biggs, III, and John Merwin Bader, Wilmington, for appellant.

William Prickett, Jr., Wilmington, for appellee.

James P. D'Angelo and Stanley T. Czajkowski, Wilmington, for third-party defendant.

F. Alton Tybout, Wilmington, for defendants and third-party plaintiffs.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

WOLCOTT, Justice.

Nance v. Rees raises two questions for our decision. First, was there error in the charge of the trial judge to the jury and, second, is 10 Del.C. § 4541-§ 4543, authorizing the striking of special juries, unconstitutional?

Subsequent to that appeal, Rineer v. State, et al., No. 12, 1960 was certified to us raising the same constitutional question. By stipulation entered in No. 12, 1960...

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