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SHELDON v. STATE

291 A.2d 273 (1972)

Daniel R. SHELDON, Jr., Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

May 3, 1972.

Attorney(s) appearing for the Case

Jay H. Conner, of Conner & Daley, 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.

CAREY, Justice (for the majority of the Court):

Daniel R. Sheldon, Jr., the appellant, was tried in Superior Court upon an indictment for rape (11 Del.C. § 781). The jury found him guilty of the lesser offense of assault. The Court imposed a sentence of imprisonment for twenty years.

The evidence shows rather clearly that, if an assault was committed by the appellant, his intent was to rape the victim. Neither party requested the Court to include in its...

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