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BOATSON v. STATE

457 A.2d 738 (1983)

Ballard BOATSON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: February 7, 1983.

Attorney(s) appearing for the Case

Edward C. Pankowski, Jr. (argued), Asst. Public Defender, Wilmington, for defendant below, appellant.

John A. Parkins, Jr. (argued) and Robert H. Richter, Deputy Attys. Gen., Wilmington, for plaintiff below, appellee.

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

HERRMANN, Chief Justice:

The defendant seeks reversal of his conviction for Murder in the First Degree [11 Del.C. § 636(a)(1)]1 on the grounds that the Trial Court committed reversible error (1) in refusing to grant a mistrial after the State, in its opening statement, referred to the bifurcated nature of the trial, and the Court commented thereon; (2) in refusing to grant a mistrial...

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