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WHEATLEY v. STATE

465 A.2d 1110 (1983)

Terry WHEATLEY, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: September 8, 1983.

Attorney(s) appearing for the Case

Karl Haller, Asst. Public Defender, Georgetown, for appellant.

Gary A. Myers, Deputy Atty. Gen., Georgetown, for appellee.

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

HERRMANN, Chief Justice:

The defendant, Terry Wheatley, appeals his conviction of two counts of delivering cocaine. 16 Del.C. §§ 4716, 4751(b). He contends that the Trial Court committed reversible error (1) in refusing his request for a missing-witness instruction; and (2) in denying his motion for a mistrial based upon alleged prosecutorial misconduct.

I.

At trial, during his opening statement, the prosecutor informed the jury...

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