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ROGERS v. STATE

343 A.2d 608 (1975)

Will E. ROGERS, Defendant below, Appellant, v. STATE of Delaware, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided July 7, 1975.

Rehearing Denied August 6, 1975.

Attorney(s) appearing for the Case

Richard M. Baumeister, Asst. Public Defender, Wilmington, for defendant below, appellant.

Richard J. McMahon, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

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

McNEILLY, Justice.

This is an appeal by defendant from his conviction of attempt to commit rape and assault in the first degree. Defendant contends that the Court's instructions to the jury that an alibi defense is an affirmative defense was prejudicial error.

I

At approximately 11:30 a. m. the victim was violently assaulted in her store by a tall, black man wearing checked trousers. Her assailant beat her...

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