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CLARK v. STATE

344 A.2d 231 (1975)

James B. CLARK, Jr., Defendant below, Appellant, v. STATE of Delaware, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided August 29, 1975.

Attorney(s) appearing for the Case

Peter M. Sieglaff, Potter, Anderson & Corroon, Wilmington, for defendant below, appellant.

Charles P. Brandt, Chief Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

Before HERRMANN, C. J., DUFFY, J., and QUILLEN, Chancellor.

HERRMANN, Chief Justice:

In this appeal from conviction of kidnapping (11 Del.C. § 623) and assault with intent to murder (11 Del.C. § 577),1 the determinative question is whether, under the totality of the circumstances, the procedure adopted for the out-of-court identification of the defendant by the victim, evidence of which was admitted at trial, was so unnecessarily suggestive and...

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