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CAULK v. MUNICIPAL COURT FOR CITY OF WILMINGTON

243 A.2d 707 (1968)

Nannie F. CAULK et al., Petitioners, v. The MUNICIPAL COURT FOR the CITY OF WILMINGTON, and the Hon. Thomas Herlihy, Jr., Chief Judge of said court, Respondents.

Supreme Court of Delaware.

June 5, 1968.

Attorney(s) appearing for the Case

William E. Taylor, Jr., and Jacob Kreshtool, Wilmington, for petitioners.

Brian P. Murphy, Asst. City Solicitor, Wilmington, for respondents.

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

WOLCOTT, Chief Justice.

This is a Petition for a Writ of Prohibition seeking to end the prosecution of the petitioners in the Municipal Court of Wilmington on charges of willful trespass in violation of 11 Del.C., § 871.

The petitioners were engaged in a sit-in protest in the office of Joseph Miller, a realtor. They were arrested on warrants supported by the sworn complaint of Miller, issued by the Clerk of the...

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