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DUMIRE v. STATE

278 A.2d 836 (1971)

Richard Keith DUMIRE, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Petition for Reargument Denied June 8, 1971.

Attorney(s) appearing for the Case

Julian D. Winslow, Wilmington, for defendant below, appellant.

Mason E. Turner, Jr., Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

WOLCOTT, Chief Justice, and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice:

This is an appeal from a judgment of conviction for operating a motor vehicle while under the influence of intoxicating liquor. The State has filed a motion to affirm the judgment below under the new Rule 8(2) of this Court, Del.C.Ann.1

We have carefully considered the appellant's opening brief. The sole issue presented on the appeal is the propriety of the action of...

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