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WILSON v. STATE

372 A.2d 198 (1977)

Johnny WILSON, Jr., Petitioner below, Appellant, v. STATE of Delaware, Respondent below, Appellee.

Supreme Court of Delaware.

Decided March 30, 1977.

Attorney(s) appearing for the Case

David D. Finocchiaro, Asst. Public Defender, Dover, for petitioner below, appellant.

Milton P. Shafran, Deputy Atty. Gen., Wilmington, counsel on appeal, for respondent below, appellee.

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

HERRMANN, Chief Justice:

This appeal presents the question of whether the prosecutor's non-disclosure of an exculpatory statement deprived the defendant of his constitutional right to a fair trial.

I.

The defendant was convicted of second degree murder (11 Del.C. § 635) and sentenced to life imprisonment. Claiming newly discovered evidence, consisting of a non-disclosed statement from an eyewitness...

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