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STATE v. HONIE

310 A.2d 872 (1973)

STATE of Delaware, Plaintiff Below, Appellant, v. Gary HONIE and Willie James Williams, Defendants Below, Appellees.

Supreme Court of Delaware.

September 7, 1973.

Attorney(s) appearing for the Case

H. Murray Sawyer, Jr., Deputy Atty. Gen., Wilmington, for plaintiff below, appellant.

Peter M. Sieglaff of Potter, Anderson & Corroon, Wilmington, for Gary Honie, defendant below, appellee.

Bertram S. Halberstadt of Connolly, Bove & Lodge, Wilmington, for Willie James Williams, defendant below, appellee.

Before HERRMANN, C. J., and CAREY and DUFFY, JJ.

HERRMANN, Chief Justice.

This appeal raises the question of whether the offense of possession of a "deadly firearm", under the 1968 Felon's Firearm Possession Act (11 Del.C. § 468A),1 merges with the felony in the commission of which the firearm was used.

I.

Counts I through V of the indictment charge the defendants jointly with murder and robbery of one victim and assault...

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