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STATE v. RODRIGUEZ

Crim. A. Nos. IN93-02-1208, IN93-02-1209, IN93-02-1211, IN93-02-1212, IN93-02-1214, IN93-02-1216 to IN93-02-1219.

656 A.2d 262 (1993)

STATE of Delaware v. Jose RODRIGUEZ, Defendant.

Superior Court of Delaware, New Castle County.

Initially Decided: November 29, 1993.

Supplemented After Remand: December 29, 1994.

Attorney(s) appearing for the Case

Stephen M. Walther, Asst. State Prosecutor, and Peggy J. Hageman, Deputy Atty. Gen., Wilmington, for the State.

Joseph A. Gabay and Joseph M. Bernstein, Wilmington, for defendant.

OPINION

BARRON, Judge.

This case raises an issue of first impression in Delaware: Whether a defendant who was convicted of felony murder under 11 Del.C. § 636(a)61 may be sentenced to death when circumstantial evidence placed him at the scene of the murder with a gun in his hand, but no evidence existed which demonstrated beyond a reasonable doubt that he fired the fatal shots or expected that violence would erupt...

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