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EVANS v. STATE

430 A.2d 481 (1981)

Walter EVANS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided May 12, 1981.

Reargument Denied June 10, 1981.

Attorney(s) appearing for the Case

Michael Weiss (argued), of Kimmel & Spiller, P.A., Wilmington, for defendant below, appellant.

Charles M. Oberly, III, Asst. State Pros., and Bartholomew J. Dalton, Deputy Atty. Gen. (argued), Wilmington, for plaintiff below, appellee.

Before HERRMANN, Chief Justice, and DUFFY, McNEILLY, QUILLEN and HORSEY, Justices, constituting the Court en Banc.

HERRMANN, Chief Justice:

This case is again before this Court after the prior judgment was vacated and the case remanded by the United States Supreme Court for "further consideration in light of Albernaz v. United States," ___ U.S. ___, 101 S.Ct. 1137, 67 L.Ed.2d 275 (March 9, 1981); Delaware v. Evans, ___ U.S. ___, 101 S.Ct. 1689, 68 L.Ed.2d 190 (1981). The prior opinion of this Court in this case appears at...

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