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STATE v. McELROY

561 A.2d 154 (1989)

STATE of Delaware, Plaintiff Below, Appellant, v. James C. McELROY, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: May 11, 1989.

Attorney(s) appearing for the Case

Richard E. Fairbanks, Jr. (argued), Chief of Appeals Div., Dept. of Justice, and Thomas E. Carluccio, Deputy Atty. Gen., Wilmington, for appellant.

James B. Ropp (argued), Tomar, Seliger, Simonoff, Adourian & O'Brien, Wilmington, for appellee.

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

HORSEY, Justice.

This appeal raises the question of a trial court's authority under Superior Court Criminal Rule 48(b) to dismiss a criminal information on a finding of "unnecessary delay" solely attributable to the lack of an available trial judge and not to prosecutorial delay. The State appeals Superior Court's dismissal under Rule 48(b) of a criminal information charging the defendant with driving under the influence ("DUI") in violation of 21 Del.C. &...

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