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MERGENTHALER v. STATE

239 A.2d 635 (1968)

Charles MERGENTHALER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

March 1, 1968.

Attorney(s) appearing for the Case

Donald W. Booker, of Booker, Leshem, Green & Shaffer, Wilmington, for defendant below, appellant.

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

WOLCOTT, Chief Justice, and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice:

This is an appeal from a sentence as a second offender under our Drunken Driving Statute, 21 Del.C. § 4176.1

The defendant was charged with violating § 4176 in 1966. He was tried and convicted in the Court of Common Pleas and sentenced to pay a fine of $200. Upon his appeal from that conviction to the Superior Court, a jury found him guilty of violating §...

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