PARKER v. STATE


205 A.2d 531 (1964)

Richard O. PARKER, Appellant, v. STATE of Delaware, Appellee.

Supreme Court of Delaware.

November 18, 1964.


Attorney(s) appearing for the Case

Murray M. Schwartz and Robert C. O'Hora, Wilmington, for appellant.

Peter Warren Green, Deputy Atty. Gen., Wilmington, for State.

WOLCOTT and CAREY, Justices, and SEITZ, Chancellor, sitting.


WOLCOTT, Justice.

This is an appeal from a mandatory sentence of life imprisonment imposed pursuant to 11 Del.C. § 781, following a conviction of rape without a recommendation of mercy. Two errors at the trial are alleged by the prisoner as reasons for the reversal of his conviction. At this time we are concerned only with one of these alleged errors.

It is charged that it was prejudicial error for the trial judge to have instructed the jury at the close...

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