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HERHAL v. STATE

243 A.2d 703 (1968)

Andrew J. HERHAL, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

May 29, 1968.

Attorney(s) appearing for the Case

Carl Schnee and Michael F. Tucker, Asst. Public Defenders, Wilmington, for defendant below, appellant.

Jay H. Conner and Jerome O. Herlihy, Deputy Attys. Gen., Wilmington, for plaintiff below, appellee.

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

HERRMANN, Justice (for the majority):

The defendant Andrew J. Herhal was convicted of murder in the first degree in connection with the death of Mrs. Sally Deputy. The dispositive issue on this appeal is whether the evidence was sufficient to support that conviction. We think not.

The evidence against Herhal was wholly circumstantial. Viewed in the light most favorable to...

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