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STATE v. FLOWERS

330 A.2d 146 (1974)

STATE of Delaware, Plaintiff Below, Appellant, v. Ernest N. FLOWERS, Defendant Below, Appellee.

Supreme Court of Delaware.

December 2, 1974.

Attorney(s) appearing for the Case

Jeffrey M. Weiner, State Prosecutor, for plaintiff below, appellant.

Arlen B. Mekler, Asst. Public Defender, for defendant below, appellee.

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

DUFFY, Justice:

This is an appeal by the State from a judgment of the Superior Court declaring 11 Del.C. § 4331(a) unconstitutional.1

I

On January 16, 1974 defendant was found guilty of possession with intent to deliver a narcotic Schedule I Controlled Substance (heroin) in violation of 16 Del.C. § 4751. After trial and pending a presentence investigation he was released...

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