SPENCER v. STATE


307 A.2d 794 (1973)

Brian SPENCER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

June 13, 1973.


Attorney(s) appearing for the Case

Richard Allen Paul and Paul R. Steyermark, Asst. Public Defenders, Wilmington, for defendant below, appellant.

Edward C. Pankowski, Jr., Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

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


HERRMANN, Justice:

This appeal from a conviction of rape is based upon three grounds:

I.

The defendant complains that the State was permitted by the Court to cross-examine the prosecuting witness upon the issue of consent.

Upon direct examination of the prosecuting witness by the State's attorney, the following occurred:

"Q Marcella, did you consent to what Brian Spencer did to you? "A I don't understand.

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