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FULLMAN v. STATE

298 A.2d 314 (1972)

Benjamin FULLMAN, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

November 21, 1972.

Attorney(s) appearing for the Case

Angelo Falasca, Asst. Public Defender, Wilmington, for defendant below, appellant.

Myron T. Steele, Deputy Atty. Gen., Dover, for plaintiff below, appellee.

Before WOLCOTT, Chief Justice and CAREY and HERRMANN, Associate Justices.

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

This appeal questions the propriety of a sentence of imprisonment for 5 years upon a plea of guilty to assault and battery under 11 Del.C. § 105.1 The original charge was assault with intent to commit murder under 11 Del.C. § 577.2

The defendant invokes the rule of Hamilton v. State, Del.Supr., 285 A.2d 807

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