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JENKINS v. STATE

305 A.2d 610 (1973)

Keith A. JENKINS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

March 2, 1973.

Attorney(s) appearing for the Case

Henry A. Wise, Jr., Asst. Public Defender, Wilmington, for defendant below, appellant.

Richard R. Wier, Jr., State Prosecutor, and James A. Erisman, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

Before CAREY and HERRMANN, JJ., and SHORT, Vice Chancellor.

HERRMANN, Justice:

The defendant, Keith A. Jenkins, appeals his conviction of second degree murder on various grounds.

I.

The defendant, Kevin Hall, and David Pritchett were engaged in target practice with a .22 calibre rifle in a vacant field. Their targets were poles adjacent to the Penn Central Railroad tracks. As the trio was leaving the field, a locomotive moved slowly down the tracks. According to...

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