STATE v. COOLEY


473 A.2d 818 (1983)

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

Superior Court of Delaware, New Castle County.

Decided: July 22, 1983.


Attorney(s) appearing for the Case

Charles M. Oberly, III, Atty. Gen., and Robert J. Prettyman, Deputy Atty. Gen., Wilmington, for the State.

John E. Babiarz, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant.


BIFFERATO, Judge.

This case is before the Court on a motion to dismiss filed by the defendant, John A. Cooley, after he was reindicted on February 15, 1983 for criminally negligent homicide.

The pertinent facts are as follows:

August 19, 1980, the defendant was involved in an automobile accident in which the driver of the other car was killed. After an initial interrogation at the scene of the accident by...

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