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STATE v. ROBERTS

282 A.2d 603 (1971)

STATE of Delaware, Plaintiff Below, Appellant, v. Steve ROBERTS et al., Defendants Below, Appellees.

Supreme Court of Delaware.

Petition for Reargument Denied October 8, 1971.

Attorney(s) appearing for the Case

Richard R. Wier, Jr., State Prosecutor, and Kent Walker, Deputy Atty. Gen., Wilmington, for plaintiff below, appellant.

Alfred J. Lindh, Wilmington, for Steve Roberts, William Rylander and Joan Rockwood, defendants below, appellees.

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

HERRMANN, Justice (for the Majority of the Court):

We are called upon to decide the constitutionality of the portion of 10 Del.C. § 99031 that permits an interlocutory appeal by the State, upon leave granted, from a pre-trial order "suppressing or excluding substantial and material evidence."

The defendants were charged with possession of dangerous drugs, possession with intent to...

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