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STATE v. TURNER

168 A.2d 539 (1961)

STATE of Delaware v. Gilbert TURNER. STATE of Delaware v. Albert BURTON.

Supreme Court of Delaware.

March 15, 1961.

Attorney(s) appearing for the Case

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

Robert C. O'Hora and John P. Daley, Wilmington, for defendants.

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

SOUTHERLAND, Chief Justice.

The Superior Court of New Castle County has certified to us the following question:

"Where the only evidence produced against a defendant in a criminal prosecution is testimony that he sold a lottery policy number, which testimony results in a conviction of violating 11 Del.C. § 661, can he thereafter, over timely objection, be convicted by reason of that same testimony of violating...

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