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PARSON v. STATE

275 A.2d 777 (1971)

Norman Benjamin PARSON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

February 16, 1971.

Attorney(s) appearing for the Case

Carl Schnee and Richard E. Poole, specially appointed defense counsel, and Richard A. Paul, Asst. Public Defender, Wilmington, for appellant.

David P. Buckson, Atty. Gen., Dover, and Peter Warren Green and William Swain Lee, Sp. Deputy Attys. Gen., Wilmington and Georgetown respectively, for the State.

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

WOLCOTT, Chief Justice.

This is the second appeal in this cause. In 1964 the appellant, Norman Benjamin Parson, was indicted under 11 Del.C. § 571 for murder in the first degree in that he caused the death of Kathleen Rae Maull while attempting to perpetrate a rape upon her.

At his first trial Parson was found guilty and sentenced to death. He appealed to this court. We affirmed. Parson v. State, Del.,

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