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DALTON v. STATE

252 A.2d 104 (1969)

Frank S. DALTON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

March 12, 1969.

Attorney(s) appearing for the Case

James F. Kipp, Asst. Public Defender, Wilmington, for defendant below, appellant.

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

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

CAREY, Justice:

Appellant Frank S. Dalton was indicted and tried for fourth-degree burglary in the Superior Court, where he was convicted after a jury trial. His timely motions for acquittal were denied, and this appeal from those denials followed. His only contention is that the evidence did not show an unlawful breaking by him.*

The evidence supporting Dalton's conviction established the following facts: Dalton and four other...

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