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GARRETT v. STATE

320 A.2d 745 (1974)

John E. GARRETT, Jr., Defendant Below, Appellant, v. The STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

April 25, 1974.

Attorney(s) appearing for the Case

Jack B. Jacobs* of Young, Conaway, Stargatt & Taylor, and James F. Kipp* of Becker & Kipp, Wilmington, for defendant below, appellant.

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

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

HERRMANN, Chief Justice:

In this murder case, the defendant entered separate pleas of "not guilty" and "not guilty by reason of mental illness". The defendant made pretrial application for bifurcated trial of the defense of mental illness. At trial, the defendant sought a jury instruction upon the consequences to the defendant of a verdict of not guilty by reason of mental illness.1 Both applications...

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