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McDUELL v. STATE

231 A.2d 265 (1967)

John W. McDUELL, Appellant, v. STATE of Delaware, Appellee.

Supreme Court of Delaware.

June 8, 1967.

Attorney(s) appearing for the Case

Arthur J. Sullivan, of Morris, James, Hitchens & Williams, Wilmington, for appellant.

Robert E. Daley, Deputy Atty. Gen., Wilmington, for appellee.

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

HERRMANN, Justice:

The question before us in this appeal is whether a conviction of violation of 21 Del.C. § 4176,1 prohibiting "driving" a motor vehicle while under the influence of intoxicating liquor, necessarily constitutes a second offense thereunder by reason of a prior conviction of violation of 21 Del.C. § 4111,2

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