GATES v. STATE


424 A.2d 18 (1980)

Jerry GATES, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided December 19, 1980.


Attorney(s) appearing for the Case

Neal A. Phillips, Wilmington (argued), for defendant-appellant.

Timothy Barron, Deputy Atty. Gen., Wilmington (argued), for plaintiff-appellee.

Before DUFFY, QUILLEN and HORSEY, JJ.


QUILLEN, Justice:

On January 22, 1979, at approximately 7:30 p. m., the home of a Mrs. Green was burglarized. Mrs. Green, who was 78 years old, encountered an intruder who had forced entry into the rear door of her house. Mrs. Green testified that a second intruder entered her home, slammed his fist in her face when she said she did not have any money, grabbed two radios in the living room, and punched Mrs. Green in the stomach...

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