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STATE v. CLARK

270 A.2d 371 (1970)

The STATE of Delaware, Plaintiff Below, Appellant, v. Sidney J. CLARK, Defendant Below, Appellee.

Supreme Court of Delaware.

October 9, 1970.

Attorney(s) appearing for the Case

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

James M. Tunnell, Jr., and Paul P. Welsh of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant below, appellee.

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

HERRMANN, Justice:

In this embezzlement case, the Superior Court made a pre-trial ruling that the present embezzlement statute, being 11 Del.C. § 635,1 is unconstitutional for vagueness; but that its predecessor § 6352 stands unrepealed and the indictment in this case states an offense thereunder. Accordingly, the Superior Court denied the defendant's motion to quash the indictment.

At that...

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