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LEWIS v. STATE

251 A.2d 197 (1968)

Ronald LEWIS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

November 27, 1968.

Attorney(s) appearing for the Case

Richard A. Paul, Asst. Public Defender, Wilmington, for appellant.

Jay H. Conner, Deputy Atty. Gen., Wilmington, for the State.

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

WOLCOTT, Chief Justice.

This is an appeal from a conviction of first degree burglary and the denial of a motion for judgment of acquittal. One point only is raised, viz., that there was a fatal variance between the State's proof and the indictment.

Lewis was indicted under 11 Del.C. § 392, which provides that whoever, in the nighttime, breaks and enters the dwelling of another with intent to commit murder or...

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