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SUDLER v. STATE

611 A.2d 945 (1992)

Alonzo SUDLER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: August 28, 1992.

Attorney(s) appearing for the Case

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

Richard E. Fairbanks, Jr., Dept. of Justice, Wilmington, for the State.

Before VEASEY, C.J., HORSEY, MOORE, WALSH and HOLLAND, JJ. (constituting the Court en Banc).

MOORE, Justice.

Alonzo Sudler ("Sudler") was convicted in the Superior Court of several drug-related offenses. He claims a deprivation of his right to trial by jury when the Superior Court discharged five jurors after his trial began, thereby reducing the panel below the constitutionally required number of twelve persons. The excusal of these jurors amounted to a sua sponte mistrial declaration by the trial judge. There was no finding that the mistrial was...

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