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GIBBS v. STATE

229 A.2d 502 (1967)

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

Supreme Court of Delaware.

April 25, 1967.

Attorney(s) appearing for the Case

James F. Kipp, Asst. Public Defender, Wilmington, for appellant.

Merrill C. Trader, Deputy Atty. Gen., Dover, for the State.

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

WOLCOTT, Chief Justice.

This is an appeal from the denial of a motion under Criminal Rule 35(a), Del.C. Ann. to correct an illegal sentence.

In 1964 the prisoner was charged by five separate indictments with five charges of Fourth Degree Burglary. He received a sentence of five years on each charge. In addition, he was sentenced under 11 Del.C. § 3911, to life imprisonment as an habitual criminal. From the life...

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