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TYRE v. STATE

412 A.2d 326 (1980)

John E. TYRE, III, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided February 5, 1980.

Attorney(s) appearing for the Case

L. Vincent Ramunno, Wilmington, for defendant-appellant.

Gary C. Linarducci, Deputy Atty. Gen., Wilmington, for plaintiff-appellee.

Before DUFFY, McNEILLY and QUILLEN, JJ.

QUILLEN, Justice:

The defendant was indicted on charges of rape in the first degree, kidnapping in the first degree and terroristic threatening. He was tried by jury and convicted of sexual assault and kidnapping first degree. He was acquitted of terroristic threatening. The conviction of sexual assault, a lesser included offense of the charge of rape, also includes acquittals of rape in the first degree and rape in the second...

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