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BAKER v. STATE

344 A.2d 240 (1975)

Nathaniel BAKER, Defendant below, Appellant, v. STATE of Delaware, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided July 7, 1975.

Reargument Denied August 6, 1975.

Attorney(s) appearing for the Case

Arlen B. Mekler, Asst. Public Defender, Wilmington, for defendant below, appellant.

Lawrence B. Steele, II, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

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

McNEILLY, Justice.

Defendant appeals his conviction of assault in the first degree. He seeks reversal on two grounds: (1) that the Trial Court erred in admitting identification testimony; and (2) that the Trial Court erred in denying defendant's motion for judgment of acquittal for lack of proof that the victim sustained "serious physical injury" by a "dangerous instrument", as required by 11 Del.C. 613(1).1

I

The victim...

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