STATE v. LASBY


174 A.2d 323 (1961)

STATE of Delaware v. Keith Lynn LASBY.

Superior Court of Delaware, New Castle.

September 8, 1961.


Attorney(s) appearing for the Case

Charles L. Paruszewski, Deputy Atty. Gen., for the State of Delaware.

Oliver V. Suddard, Wilmington, for Keith Lynn Lasby.


DUFFY, Judge.

Defendant was tried and convicted of an assault with intent to commit rape, in violation of 11 Del.C. § 782. He has moved for reargument of a pretrial ruling by the Court and for a new trial under Rule 33, Superior Court Rules, Del.C.Ann.

1. As to the motion for reargument:

The statute under which defendant was indicted reads, in part, as follows:

"Whoever, with violence...

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