PROBST v. STATE


547 A.2d 114 (1988)

Ruth Ann PROBST, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Briefs Supplemented: March 1, 1988.

Decided: March 23, 1988.

Submitted En Banc: June 21, 1988.

Decided En Banc: August 10, 1988.


Attorney(s) appearing for the Case

Bernard J. O'Donnell, Asst. Public Defender, Wilmington, for appellant.

Timothy J. Donovan, Jr., and Richard E. Fairbanks, Jr., Deputy Attys. Gen., Wilmington, for appellee.

Before CHRISTIE, C.J., and HORSEY and HOLLAND, JJ.


HOLLAND, Justice:

The appellant, Ruth Ann Probst ("Probst"), was convicted in the Superior Court by a jury of Second Degree Assault and Possession of a Deadly Weapon During the Commission of a Felony. On appeal, Probst contends that the trial court erred in instructing the jury. We find that the order of the jury instructions and the inaccurate use of gender had such potential for juror confusion that the reversal of Probst...

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