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STATE v. FISCHER

278 A.2d 324 (1971)

STATE of Delaware, Plaintiff Below, Appellant, v. Iven O. FISCHER, Defendant Below, Appellee. STATE of Delaware, Plaintiff Below, Appellant, v. Hubert R. GOLDSBERRY, Defendant Below, Appellee.

Supreme Court of Delaware.

Reargument Denied May 24, 1971.

Attorney(s) appearing for the Case

Victor F. Battaglia, City Sol. and Deputy Atty. Gen., and Victor J. Colombo, Asst. City Sol. and Deputy Atty. Gen., Wilmington, for plaintiff below, appellant.

Stephen B. Potter of Sullivan, Potter & Roeberg, Wilmington, for defendants below, appellees.

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

HERRMANN, Justice:

These are appeals by the State from dismissals of indictments by the Superior Court on the ground of unnecessary delay in bringing the appellees to trial.1 See opinion below at Del.Super., 269 A.2d 244. These appeals are brought by the State as of right, under the portion of 57 Del.L. Ch. 133 now designated 10 Del.C. § 9902.2

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