STIFTEL, President Judge.
Motion to dismiss two counts of criminal contempt in violation of 11 Del.C. § 1271(1).
Count One states that Ronald Payne, on or about the 29th of January, 1974, committed "contemptuous behavior in the immediate view of Judge Robert C. O'Hara and in his presence, said behavior directly tending to interrupt the Court proceedings, by means of spitting upon the person of Judge O'Hara during the course of the trial of Criminal Action...
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