SMITH v. STATE


352 A.2d 765 (1976)

Raymond SMITH, Defendant below, Appellant, v. STATE of Delaware, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided February 12, 1976.


Attorney(s) appearing for the Case

Joseph A. Hurley, Sullivan, Hurley, Farnan & Falasca, Wilmington, for defendant below, appellant.

Eugene M. Hall, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

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


HERRMANN, Chief Justice:

Defendant was convicted of felonious theft (11 Del.C. § 841). On appeal, he maintains his conviction was the product of an unnecessarily suggestive out-of-court show-up confrontation, and that a critical element of his offense was established in violation of the Best Evidence Rule.

I.

While returning from lunch, Charles Gallagher, an employee of an appliance store, noticed a "very conspicuous" red customized Cadillac...

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