STATE v. HENSON


319 A.2d 43 (1974)

STATE of Delaware v. James H. HENSON, Jr.

Superior Court of Delaware, New Castle.

April 15, 1974.


Attorney(s) appearing for the Case

Joseph A. Hurley, Deputy Atty. Gen., Wilmington, for State.

Richard M. Baumeister and Joseph J. Farnan, Jr., Asst. Public Defenders, Wilmington, for defendant.


BALICK, Judge.

A jury found the defendant guilty of kidnapping, rape (without a recommendation of mercy), and sodomy. He has moved for a new trial on the ground that admission into evidence of a hospital record denied his state constitutional right "to meet the witnesses in their examination face to face" and federal constitutional right "to be confronted with the witnesses against him."

The hospital record reported findings of a physician who examined the...

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