LIS v. STATE


327 A.2d 746 (1974)

Frank LIS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

October 11, 1974.


Attorney(s) appearing for the Case

Carl Schnee and Jeffrey S. Goddess of Tybout, Redfearn & Schnee, Wilmington, for defendant below, appellant.

Norman A. Barron, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

Before HERRMANN, C. J., DUFFY, J., and MARVEL, Vice Chancellor.


DUFFY, Justice:

In this appeal defendant contends that a verdict of guilty followed by a suspension of sentence is not a prior conviction within the terms of a statute fixing a mandatory minimum sentence for one previously convicted of a drug offense.

I

On January 25, 1972 defendant was found guilty of possession of a dangerous drug (marijuana) in violation of 16 Del.C. § 4722 (now § 4754). He was sentenced to two years in prison but execution...

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