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STATE v. MARCHANT

505 A.2d 1303 (1986)

STATE of Delaware, Plaintiff-below, Appellant, v. Lewis H. MARCHANT, Defendant-below, Appellee. STATE of Delaware, Plaintiff-below, Appellant, v. David W. LEGATES, Defendant-below, Appellee.

Superior Court of Delaware, Sussex County.

Decided: January 13, 1986.

Attorney(s) appearing for the Case

James W. Adkins, Deputy Atty. Gen., Georgetown, for plaintiffs-below, appellants.

Merritt Burke, III of Brown, Shiels & Chasanov, Georgetown, for defendants-below, appellees.

CHANDLER, Judge.

Defendant-Appellees (Defendants) in these consolidated cases have moved to dismiss the State's appeals, contending that the State failed to apply for and receive leave to bring the appeals as required under 10 Del.C. § 9903. The State opposed the motion during arguments heard Friday, December 20, 1985.

Both defendants were charged and tried in the Sussex County Court of Common Pleas with "having actual physical control" of a vehicle...

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