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BEST v. STATE

328 A.2d 141 (1974)

Theodore BEST, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

October 31, 1974.

Attorney(s) appearing for the Case

Karl Haller, Asst. Public Defendant, Georgetown, for defendant below, appellant.

Lawrence Steele, II, Deputy Atty. Gen., Georgetown, for plaintiff below, appellee.

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

MARVEL, Vice Chancellor:

Following his conviction before a Justice of the Peace on a charge of driving a motor vehicle while under the influence of intoxicating liquor, 21 Del.C. § 4176, the appellant took an appeal to the Superior Court, where, after a trial de novo, he was again convicted of the same offense. The sentence imposed was sixty days in jail and a fine of $500.00. The present appeal ensued.

Introduced at the trial de novo in the Superior...

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