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STATE v. COOLEY

430 A.2d 789 (1981)

STATE of Delaware, Plaintiff, Appellant, v. John A. COOLEY, Defendant, Appellee.

Supreme Court of Delaware.

Decided May 21, 1981.

Attorney(s) appearing for the Case

Ralph K. Durstein, III, Deputy Atty. Gen. (argued), Wilmington, for plaintiff-appellant.

John E. Babiarz, Jr. (argued), of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant-appellee.

Before DUFFY, QUILLEN and HORSEY, JJ.

DUFFY, Justice:

This is an appeal by the State from an order of the Superior Court dismissing a criminal prosecution. The only issue before us is whether the appeal was timely filed, and we hold that it was.

I

John A. Cooley, (defendant) was indicted for criminally negligent homicide in violation of 11 Del.C. § 631. After arraignment, he moved to suppress certain evidence and the Superior Court...

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