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SMITH v. STATE

243 A.2d 719 (1968)

Raymond H. SMITH, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

June 4, 1968.

Attorney(s) appearing for the Case

Michael F. Tucker, Asst. Public Defender, for defendant below, appellant.

Merrill C. Trader, Deputy Atty. Gen., for plaintiff below, appellee.

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

CAREY, Justice.

The defendant below, Raymond H. Smith, has appealed from a sentence imposed by the Superior Court after a jury verdict of guilty of burglary in the fourth degree, 11 Del.C. § 395. Appellant contends (1) that the evidence was insufficient to sustain the conviction; and (2) the Court below erred in failing to instruct the jury that it could find the defendant not guilty of burglary in the fourth degree...

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