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STATE v. AYERS

260 A.2d 162 (1969)

STATE of Delaware, Plaintiff, v. Harold AYERS et al., Defendants.

Supreme Court of Delaware.

November 17, 1969.

Attorney(s) appearing for the Case

Jerome O. Herlihy, Special Deputy Atty. Gen., and Fletcher E. Campbell, Jr., Deputy Atty. Gen., Wilmington, for the State.

Stephen B. Potter, of Sullivan & Potter, Rodney M. Layton, R. H. Richards, III, Martin I. Lubaroff, Richard F. Balotti, of Richards, Layton & Finger, Carl Schnee, Wilmington, for defendants.

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

WOLCOTT, Chief Justice.

This case comes to us upon Certification under Rule 20 in eighteen pending criminal prosecutions under the Riot Act (11 Del. C., § 363), the full text of which is as follows:

"§ 363. Riot, prima facie evidence; liability for conduct of another "(a) A person is guilty of riot when he participates with 2 or more persons in a course of disorderly conduct: "(1) with...

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