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WHALEN v. STATE

434 A.2d 1346 (1980)

Frank Cole WHALEN, Jr., Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Re-submitted on Supplemental Briefing July 30, 1980.

Decided in Part December 15, 1980.

Submitted on Motion for Reargument January 19, 1981.

Decided on Motion for Reargument and Matter Reserved for Decision July 6, 1981.

Attorney(s) appearing for the Case

Nancy Jane Mullen (Argued), and Richard E. Fairbanks, Jr., Asst. Pub. Defenders (Argued), Wilmington, for defendant below, appellant.

Dana C. Reed, Deputy Atty. Gen. (Argued), James E. Liguori, Deputy Atty. Gen. (Argued), Dover, and Richard A. McMahon, State Prosecutor, Wilmington, for plaintiff below, appellee.

Before HERRMANN, C.J., DUFFY, McNEILLY, QUILLEN and HORSEY, JJ., constituting the Court En Banc.

McNEILLY, Justice:

The defendant, Frank Cole Whalen, Jr., was indicted, tried and convicted by a Superior Court jury of Murder First Degree [11 Del.C. § 636(a)(2)], Rape First Degree [11 Del.C. § 764(1)], and Burglary First Degree [11 Del.C. § 826(2)].1 Following his conviction of Murder First Degree a separate penalty hearing was held pursuant to 11 Del...

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