GASTON v. STATE


234 A.2d 324 (1967)

Bruce V. GASTON, Appellant, v. STATE of Delaware, Appellee.

Supreme Court of Delaware.

October 5, 1967.


Attorney(s) appearing for the Case

James F. Kipp, 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 appellant was convicted of fourth degree burglary and appeals. Primarily, one question is raised and is urged as a reason for reversal of the conviction. This question is that, after the State had put in its case in chief, the defendant offered the defense of alibi and, in rebuttal, the State called a witness, not called as part of its principal case, who contradicted the defendant's alibi. The point raised is that the rebuttal witness...

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