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ALLEN v. STATE

337 A.2d 320 (1975)

Jessie ALLEN et al., Defendants below, Appellants, v. STATE of Delaware, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided April 16, 1975.

Attorney(s) appearing for the Case

Arlen B. Mekler and Michael L. Ozalas, Asst. Public Defenders, Wilmington, for defendants below, appellants.

L. Kent Wyatt, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

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

PER CURIAM:

The defendants were convicted of assault in the first degree by means of a deadly weapon, specifically a "billy", in violation of 11 Del.C. § 613 and conspiracy in the second degree in violation of 11 Del. C. § 512. The defendant Richard Goad was also convicted of possession of deadly weapon, specifically a "billy", during the commission of a felony, in violation of 11 Del.C. § 1447.

The determinative question is whether the evidence...

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