MARTIN v. STATE


346 A.2d 158 (1975)

Francis J. MARTIN, Jr., Defendant below, Appellant, v. STATE of Delaware, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided October 7, 1975.


Attorney(s) appearing for the Case

Richard Allen Paul and Donald W. Huntley, Asst. Public Defenders, Wilmington, for defendant below, appellant.

Richard J. McMahon, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

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


DUFFY, Justice:

Defendant appeals from convictions for rape and assault in the third degree as a result of which he was ordered imprisoned for life. He makes three arguments to this Court.

I

The first of defendant's contentions refers us to the current statute. On July 1, 1973 a new Criminal Code became effective in Delaware and rape is defined therein as follows:

"A male is guilty of rape when he intentionally engages in sexual intercourse...

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