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BARNES v. STATE

352 A.2d 409 (1976)

Willie Bobby BARNES, Defendant below, Appellant, v. STATE of Delaware, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided February 10, 1976.

Attorney(s) appearing for the Case

James D. Griffin, Georgetown, for defendant below, appellant.

Merritt Burke, III, Deputy Atty. Gen., Georgetown, and Lawrence B. Steele, III, Georgetown, on behalf of the State of Delaware, for plaintiff below, appellee.

Before HERRMANN, Chief Justice, DUFFY, Justice, and QUILLEN, Chancellor.

HERRMANN, Chief Justice.

Defendant was convicted of first degree murder [11 Del.C. § 636(1)] and robbery in the first degree [11 Del.C. § 832(1)]. He appeals on several grounds including the admission in evidence of the victim's before-death declarations and the Trial Judge's instruction as to accomplice liability.

I.

The robbery of a diner resulted in the shooting of its owner at about 3:00 p. m. Responding to a telephone call, a police...

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