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STATE v. SMALLWOOD

346 A.2d 164 (1975)

STATE of Delaware, Plaintiff below, Appellant, v. John SMALLWOOD, Defendant below, Appellee.

Supreme Court of Delaware.

Decided September 30, 1975.

Attorney(s) appearing for the Case

Bernard J. Gartland and James S. Green, Deputy Attys. Gen., Wilmington, for plaintiff below, appellant.

Thomas J. Healy, Jr., of Metten, Healy & Collins, Wilmington, for defendant below, appellee.

Before HERRMANN, Chief Justice, and DUFFY and McNEILLY, Justices.

DUFFY, Justice:

The determinative question in this appeal involves the construction of a robbery statute.

I

In a jury trial defendant was convicted of robbery in the first degree, 11 Del.C. § 832(2), under circumstances which, for present purposes, are not in dispute. Thereafter the Trial Judge, sua sponte, reduced the conviction to robbery in the second degree, 11 Del.C. § 831, because...

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