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STATE v. ANDERSON

349 A.2d 748 (1975)

STATE of Delaware, Plaintiff below, Appellant, v. Ira ANDERSON, Defendant below, Appellee.

Supreme Court of Delaware.

Decided October 20, 1975.

Attorney(s) appearing for the Case

Norman Barron, Deputy Atty. Gen., Wilmington, for plaintiff below, appellant.

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

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.

PER CURIAM:

The defendant was arrested on February 10, 1975 on the charge of shoplifting, 11 Del.C. § 840. No indictment was returned until April 10, 1975. Service of summons was delayed until May 20, 1975. The Superior Court granted the defendant's motion to dismiss the indictment for unnecessary delay under Superior Court Criminal Rule 48(b).1 The State appealed under 10 Del.C. § 9902...

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