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GIBBS v. STATE

208 A.2d 306 (1965)

Louis A. GIBBS, Appellant, v. The STATE of Delaware, Appellee.

Supreme Court of Delaware.

March 9, 1965.

Attorney(s) appearing for the Case

John B. Maybee, Deputy Atty. Gen., Dover, for State of Delaware.

Henry J. Ridgely, Dover, for defendant.

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

HERRMANN, Justice:

This appeal involves the construction of 11 Del.C. §§ 3911 and 3912,1 sometimes known as the Habitual Criminal Act.

The question presented for decision is whether an information filed under § 3912 (b) charges a separate offense upon which there may be a separate conviction and a separate sentence.

The facts are these:

On May 6, 1960, two...

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