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SMITH v. STATE

560 A.2d 1004 (1989)

Jay T. SMITH, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: May 9, 1989.

Attorney(s) appearing for the Case

Anthony A. Figliola, Jr. of Figliola & Facciolo, Wilmington, for appellant.

Charles E. Butler, Dept. of Justice, Wilmington, for appellee.

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

MOORE, Justice.

Jay Tee Smith appeals a decision of the Superior Court denying his motion for a new trial following his conviction on the charges of Robbery First Degree and Conspiracy Second Degree. Among other arguments, Smith maintains that the prosecutor improperly commented at trial upon the refusal of the appellant's brother, Robert Smith, an alleged co-conspirator and former...

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