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VEACH v. STATE

253 A.2d 687 (1969)

John VEACH, Defendant Below, Appellant, v. The STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

April 25, 1969.

Attorney(s) appearing for the Case

Jack B. Jacobs, of Young, Conaway, Stargatt & Taylor, Wilmington, for defendant below, appellant.

Francis A. Reardon, State Prosecutor, Wilmington, for plaintiff below, appellee.

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

CAREY, Justice.

This appellant, John Veach, seeks the reversal of a Superior Court decision denying relief under Superior Court Criminal Rule 39, Del.C.Ann. The first paragraph of that rule reads as follows:

"Where a defendant has sought to assert a Constitutional right in a special application to a lower court after a final order in the regular proceeding has been entered by that court and the time for appeal in...

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