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ACOSTA v. STATE

417 A.2d 373 (1980)

Frederick J. ACOSTA, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided June 16, 1980.

Attorney(s) appearing for the Case

John M. Amalfitano (argued), Wilmington, for defendant-appellant.

John T. Gandolfo (argued), Deputy Atty. Gen., Wilmington, for plaintiff-appellee.

Before DUFFY, McNEILLY and QUILLEN, JJ.

QUILLEN, Justice:

We state the facts with heavy reliance on the statement of facts found in the defendant's brief, which statement has also been basically adopted by the State.

The defendant was convicted on four counts of Rape Second Degree (two counts based on cunnilingus and two counts based on fellatio) in violation of 11 Del.C. § 763. That section provides:

"A male is guilty of rape in the...

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