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STATE v. GARDNER

203 A.2d 77 (1964)

STATE of Delaware v. Louis H. GARDNER.

Supreme Court of Delaware.

August 4, 1964.

Attorney(s) appearing for the Case

Thomas Herlihy, III, Chief Deputy Atty. Gen., and Peter Warren Green, Deputy Atty. Gen., for the State of Delaware.

Frank J. Miller, of Foulk, Walker, Miller & Wakefield, Wilmington, and Harvey B. Rubenstein, of Leshem & Rubenstein, Wilmington, for Louis H. Gardner.

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

CAREY, Justice.

The following question was certified to us from the Superior Court for New Castle County:

"May a defendant be indicted and convicted of murder in the first degree under 11 Del. C. § 571 where express malice aforethought is directed toward the intended victim but not in fact toward the actual victim?"

We accepted the certification because of its importance in the administration of the criminal law and because the reported opinions...

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