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GARDNER v. STATE

397 A.2d 1372 (1979)

Louis H. GARDNER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided January 16, 1979.

Attorney(s) appearing for the Case

Marsha Kramarck and Richard E. Fairbanks, Jr., Asst. Public Defenders, Wilmington, for defendant-appellant.

Richard J. McMahon, Deputy Atty. Gen., Wilmington, for plaintiff-appellee.

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

HERRMANN, Chief Justice:

The defendant, Louis H. Gardner, appeals a second degree murder conviction contending that the Trial Court's failure to instruct the jury sua sponte on the defense of alibi was reversible error.

I.

The defendant testified that he had been out drinking at a cafe on the evening in question, and that when he returned home he found the victim Ms. Brown, severely beaten and in...

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