FOUNTAIN v. STATE


382 A.2d 230 (1977)

Martez FOUNTAIN, Defendant below, Appellant, v. STATE of Delaware, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided December 5, 1977.


Attorney(s) appearing for the Case

H. Clay Davis, III, of Davis & Marshall, Georgetown, for defendant below, appellant.

Merritt S. Burke, Deputy Atty. Gen., Georgetown, for plaintiff below, appellee.

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


HERRMANN, Chief Justice:

The defendant appeals his conviction of robbery first degree and commission of a felony with a deadly weapon, on the ground that sequestered witnesses were allowed to commingle during the trial, resulting in testimony tainted and prejudicial to the defendant.

I.

Prior to trial, the defendant requested and was granted sequestration of all state witnesses. However, the Trial Court failed to admonish the witnesses against commingling...

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