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JOHNSON v. STATE

409 A.2d 1043 (1979)

Ray T. JOHNSON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided November 19, 1979.

Attorney(s) appearing for the Case

Richard E. Fairbanks, Jr. and Richard W. Baseman, Asst. Public Defenders, Wilmington, for defendant-appellant.

Timothy H. Barron, Deputy Atty. Gen., Wilmington, for plaintiff-appellee.

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

PER CURIAM:

It appears to the Court from the briefs and arguments of the parties and the record of this appeal that:

(1) The defendant was indicted in three separate counts on charges of burglary in the third degree (11 Del.C. § 824), attempted theft (11 Del.C. § 531), and conspiracy in the second degree (11 Del.C. § 512).1

(2) The third count...

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