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SHAW v. STATE

282 A.2d 608 (1971)

Melvin SHAW, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

September 8, 1971.

Attorney(s) appearing for the Case

Stanley T. Czajkowski and Michael P. Maguire, of Czajkowski & Maguire, Wilmington, for defendant below, appellant.

Richard H. Schliem, III, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

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

HERRMANN, Justice:

In this appeal from convictions of grand larceny and conspiracy, the sole ground of appeal is that the verdict was rendered in the involuntary absence of the defendant, in violation of Superior Court Criminal Rule 43, Del.C.Ann.1

The defendant was in custody during the trial. He became ill as the result of anxiety as he was being returned to the courtroom by his guard...

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