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SIMPSON v. STATE

275 A.2d 794 (1971)

Joseph SIMPSON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

March 25, 1971.

Attorney(s) appearing for the Case

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

Fletcher E. Campbell, Jr., Deputy Atty. Gen., Wilmington, for the State.

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

WOLCOTT, Chief Justice:

This is an appeal from a conviction of sodomy in violation of 11 Del.C. § 831. Prior to trial the accused filed a motion for a bifurcated trial; that is, a trial by jury as to the question of guilt and a second trial in the event of a finding of guilty before a second jury as to whether the defendant should be found innocent by reason of mental illness. The motion for a bifurcated trial was denied and the case went to trial before one...

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