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UPSHUR v. STATE

420 A.2d 165 (1980)

Rickey B. UPSHUR, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided July 21, 1980.

Attorney(s) appearing for the Case

Larry W. Fifer, Dover (argued) and Douglas W. Lundblad of Schmittinger & Rodriguez, P. A., Dover, for defendant below-appellant.

Dana C. Reed, Deputy Atty. Gen., Dover (argued), for plaintiff below-appellee.

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

HORSEY, Justice:

Defendant, Rickey Upshur, was arrested in a convenience store after a store employee observed defendant attempting to shop-lift merchandise and called the police. Upon a pat-down search, the arresting officer discovered that defendant was carrying a butcher knife1 concealed in the waistband of his pants, covered by his shirt. At trial, defendant's defense was that he was involuntarily...

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