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HAMILTON v. STATE

285 A.2d 807 (1971)

John Richard HAMILTON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

December 16, 1971.

Attorney(s) appearing for the Case

Bernard Balick, Asst. Public Defender, Wilmington, for defendant below, appellant.

John P. Daley, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

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

CAREY, Justice (for the majority):

John Richard Hamilton has appealed from a ruling of the Superior Court refusing to reduce a sentence of twenty years imprisonment which that Court had imposed after a plea of guilty to an assault, which is a misdemeanor. At the time of this offense, the appellant was on parole from a previous sentence of ten years imprisonment for robbery.

The facts are these: The appellant was repairing...

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