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STATE v. HOLLOWAY

460 A.2d 976 (1983)

STATE of Delaware v. Herman M. HOLLOWAY, Jr., Defendant.

Superior Court of Delaware, New Castle County.

Decided: April 21, 1983.

Attorney(s) appearing for the Case

Stephen M. Walther, Deputy Atty. Gen., Dept. of Justice, for State.

Irving Morris, and Kevin Gross, Morris & Rosenthal, P.A., Wilmington, for defendant.

O'HARA, Judge.

The instant case presents this Court with the problem of the nature and quantum of proof necessary to sustain a defense of selective prosecution. The subject prosecution arises from defendant's indictment on July 20, 1982, on two counts of evasion of personal State Income Tax in violation of 30 Del.C. § 1231,1 and two counts of filing false statements on his personal State Tax Return in violation of 30 Del...

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