MUZZI v. STATE


265 A.2d 31 (1970)

David MUZZI, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

April 15, 1970.


Attorney(s) appearing for the Case

Richard Allen Paul, Asst. Public Defender, Wilmington, for defendant below, appellant.

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

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


HERRMANN, Justice.

In this appeal from a judgment of conviction for rape, the defendant seeks reversal on the ground of the Superior Court's declination to accept his plea of guilty to a lesser offense.

I.

After an exclusionary hearing and just before commencement of trial on the rape charge, the defendant indicated through counsel that he desired to plead guilty to the lesser charge of assault with intent...

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