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TILLER v. STATE

257 A.2d 385 (1969)

Edward A. TILLER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Petition for Reargument Denied September 4, 1969.

Attorney(s) appearing for the Case

Don M. Kerr, Wilmington, for defendant below, appellant.

Francis A. Reardon, State Prosecutor, and Jerome O. Herlihy, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

WOLCOTT, Chief Justice, and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice.

This appeal questions the authority of the Superior Court to impose a sentence for violation of probation after the probation period expired.

I.

The chronology of events is important:

On April 7, 1967, the Superior Court imposed upon the appellant, Edward A. Tiller, a sentence of two years' imprisonment for unlawful entry. Execution of the second year of the sentence was suspended...

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