DAVIS v. STATE


400 A.2d 292 (1979)

Paul W. DAVIS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided February 2, 1979.

Opinion on Motion for Reargument. Submitted March 5, 1979.

Decided March 23, 1979.


Attorney(s) appearing for the Case

Nancy Jane Mullen, Asst. Public Defender, Wilmington, for defendant-appellant.

Charles M. Oberly, III, Asst. State Pros., and Edward F. Evans, Deputy Attys. Gen., Wilmington, for plaintiff-appellee.

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


DUFFY, Justice:

In this criminal appeal, we consider whether the State may convict and sentence a defendant for both attempted first-degree robbery and possession of a deadly weapon during the commission of that attempted robbery. We conclude that present Delaware law prohibits such separate prosecutions.

I

These are the pertinent facts:

On March 17, 1977, at the Wilmington train station, Paul W...

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