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WAINWRIGHT v. STATE

504 A.2d 1096 (1986)

Percy Ewell WAINWRIGHT, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: February 21, 1986.

Attorney(s) appearing for the Case

Nancy Jane Mullen, Asst. Public Defender, Wilmington, for defendant below, appellant.

Gary A. Myers, Deputy Atty. Gen., Dept. of Justice, Georgetown, for plaintiff below, appellee.

Before CHRISTIE, C.J., McNEILLY, HORSEY, MOORE and WALSH, JJ., constituting the Court en banc.

WALSH, Justice:

The defendant, Percy Ewell Wainwright, was convicted following a jury trial in Sussex County of first degree felony murder, 11 Del.C. § 636(a)(6), and possession of a deadly weapon during the commission of a felony. The State declined, during trial, to seek the death penalty, and the defendant was sentenced to life imprisonment without probation or parole on the murder charge with a consecutive...

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