STATE v. RUSSO


270 A.2d 525 (1970)

STATE of Delaware, Plaintiff Below, Appellant, v. Richard D. RUSSO, Defendant Below, Appellee.

Supreme Court of Delaware.

October 15, 1970.


Attorney(s) appearing for the Case

Daniel A. Durkin, Deputy Atty. Gen., Wilmington, for the State.

Harold Leshem, of Booker, Leshem, Green, Shaffer & Berl, Wilmington, for appellee.

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


WOLCOTT, Chief Judge.

This is an appeal under 57 Laws, Ch. 133 granting an absolute right to the State to appeal from a final order of a lower court dismissing an indictment.

Richard D. Russo, aged 17 years, in 1969 was involved in a head-on collision between automobiles, as a result of which the driver of the other car died. Thereafter, Russo was indicted for manslaughter and plead not guilty in Superior Court. He thereafter moved to dismiss the indictment...

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