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STATE v. WAHL

263 A.2d 297 (1970)

STATE of Delaware, By the Attorney General, David P. BUCKSON, Petitioner, v. Robert H. WAHL and A. James Gallo, Judges of the Court of Common Pleas, in and for New Castle County, Respondents.

Supreme Court of Delaware.

February 4, 1970.

Attorney(s) appearing for the Case

David P. Buckson, Atty. Gen., Jerome O. Herlihy, Deputy Atty. Gen., and Francis A. Reardon, State Prosecutor, Wilmington, for petitioner.

Stanley C. Lowicki, Wilmington, for Justin G. Church.

Joseph H. Flanzer, Wilmington, for John A. Bright.

Stuart B. Young, Wilmington, for Leslie P. Welch.

Norman N. Aerenson, Wilmington, for Stefan Bjornson.

Daniel M. Kristol, Wilmington, for James J. Pierce.

Harold Leshem, Wilmington, for Robert C. Regensburg.

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

HERRMANN, Justice.

The crux of this certification1 is the question of whether a defendant is entitled to a preliminary hearing when brought before a justice of the peace (hereinafter "magistrate") charged with a misdemeanor, the trial and final disposition of which is not within the magistrate's jurisdiction.

The certification arises indirectly from prosecutions in which the defendants...

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