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STATE v. FUSCO

335 A.2d 268 (1975)

STATE of Delaware v. Rosario FUSCO et al.

Superior Court of Delaware, New Castle.

March 19, 1975.

Attorney(s) appearing for the Case

George H. Seitz, III, State Prosecutor, Wilmington, for the State.

Clifford B. Hearn, Jr., of Balick & Hearn, P. A., and G. Thomas Sandbach of Biggs & Battaglia, Wilmington, for defendants.

BALICK, Judge.

This is the court's opinion on defendants' motion to dismiss indictments. Defendants contend that the Delaware constitutional provision on grand juries, Article I, § 4, Del.C.Ann., violates the equal protection clause of the fourteenth amendment of the United States constitution. Article I, § 4 says as follows:

Trial by jury shall be as heretofore. Provided, however, that Grand Juries in...

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