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MILLER v. STATE

233 A.2d 164 (1967)

Clifton W. MILLER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

July 26, 1967.

Attorney(s) appearing for the Case

Carl Schnee, Asst. Public Defender, Wilmington, for appellant.

Jerome O. Herlihy, Deputy Atty. Gen., Wilmington, for the State.

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

WOLCOTT, Chief Justice.

The prisoner, appellant, was indicted for the crime of rape. The indictment was as follows:

"The Grand Jury charges Clifton W. Miller with the following offense, a felony: "Rape in violation of Title 11, Section 781, Delaware Code of 1953. "Clifton W. Miller on the 4th day of April, 1966 in the County of New Castle, had carnal knowledge of Margaret Taylor without her consent...

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