STATE v. ANDERSON


385 A.2d 738 (1978)

The STATE of Delaware v. Mark D. ANDERSON, Timothy Anderson, Kevin Epperson, Anthony Scales, Daun Nole Weeks, Edward G. Wright, Jacob G. Wright and Maylon Jerome Trotter.

Superior Court of Delaware, New Castle County.

Decided April 6, 1978.


Attorney(s) appearing for the Case

Charles K. Meuse and John T. Gandolfo, Deputy Attys. Gen., Dept. of Justice, Wilmington, for the State of Delaware.

Richard Allen Paul of Paul, Lukoff & Hurley, Wilmington, for defendant Mark D. Anderson.

Kenneth F. Carmine, of Potter & Carmine, Wilmington, for defendant Timothy Anderson.

Martin A. Schagrin of Knecht, Greenstein & Berkowitz, Wilmington, for defendant Daun Nole Weeks.

Bernard J. Gartland, Wilmington, for defendant Edward G. Wright.

Richard M. Baumeister, Asst. Public Defender, Wilmington, for defendant Jacob G. Wright.

Paul H. Spiller, of Kimmel & Spiller, Wilmington, for defendant Maylon Jerome Trotter.


WALSH, Judge.

Nine defendants, ranging in age from fifteen to seventeen, have each been charged with two counts of Rape First Degree, allegedly occurring on October 28, 1977. After a preliminary hearing in the Family Court, at which probable cause was determined to exist, the defendants were bound over for Grand Jury action since Family Court lacked subject matter jurisdiction.1 Following indictment...

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