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CANNON v. STATE

196 A.2d 399 (1963)

Franklin W. CANNON, Jr., Defendant Below, Appellant, v. The STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

September 13, 1963.

Attorney(s) appearing for the Case

Harold Schmittinger and Nicholas H. Rodriquez, Dover, for appellant.

E. Norman Veasey, Chief Deputy Atty. Gen., and Peter Warren Green, Deputy Atty. Gen., Wilmington, and John Behan Maybee, Deputy Atty. Gen., Dover, for the State.

Howard M. Handelman and H. B. Rubenstein, Wilmington, for American Civil Liberties Union, amicus curiae.

TERRY, C. J., and WOLCOTT and CAREY, JJ., sitting.

PER CURIAM:

This is an appeal from the denial of a motion for the correction of an illegal sentence under Rule 35(a) of the Criminal Rules of the Superior Court.

In 1961 the prisoner plead guilty to the crime of grand larceny and was sentenced to a term of three years imprisonment and to be whipped with 20 lashes. The sentence thus imposed was suspended and the prisoner placed on probation for the term of five years...

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