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STATE v. ROSSITTO

331 A.2d 385 (1974)

STATE of Delaware, Plaintiff Below, Appellant, v. Joseph P. ROSSITTO, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided November 8, 1974.

Attorney(s) appearing for the Case

Francis A. Reardon, Deputy Atty. Gen., for plaintiff below, appellant.

Stephen B. Potter, Wilmington, for defendant below, appellee.

Before HERRMANN, C. J., DUFFY, J., and WRIGHT, Judge.

DUFFY, Justice:

The issue for decision in this appeal involves a forfeiture proceeding on application by the State after entry of a guilty verdict.

I

After waiving a jury trial, defendant was convicted of violating 11 Del.C. § 669 (keeping gambling paraphernalia) and on appeal this Court affirmed. Thereafter defendant moved in the Superior Court for the return of $1,152.75 which had been seized incident...

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