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JOHNSON v. STATE

363 A.2d 439 (1976)

Anthony L. JOHNSON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided July 19, 1976.

Attorney(s) appearing for the Case

Arlen B. Mekler, Asst. Public Defender, Wilmington, for defendant below, appellant.

John J. O'Brien, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

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

PER CURIAM.

In this burglary case, the State's brief remained unfiled many months after its due date under the Rule, without leave of Court.

The appeal was taken under advisement upon the basis of the appellant's brief alone.

The attention of the Bar is directed to the following statement in Smith v. State, Del.Supr., 361 A.2d 237, 239 n. 3 (1976):

"We take this opportunity to comment on our denial...

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