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GATTIS v. STATE

637 A.2d 808 (1994)

Robert Allen GATTIS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: February 28, 1994.

Rehearing Denied March 24, 1994.

Attorney(s) appearing for the Case

Jerome M. Capone, Wilmington, for appellant.

Richard E. Fairbanks, Jr. (argued), Chief of Appeals Div., Timothy J. Donovan, Jr., and Loren C. Meyers, Deputy Attys. Gen., Dept. of Justice, Wilmington, for appellee.

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

WALSH, Justice:

This is an appeal from the Superior Court following the imposition of a death sentence. The appellant, Robert Allen Gattis ("Gattis"), was convicted of Murder First Degree, Burglary First Degree and Possession of a Deadly Weapon by a Person Prohibited. The charges arose out of the shooting death of his girlfriend, Shirley Y. Slay ("Slay"). In the penalty phase of the trial, the jury, acting pursuant to 11...

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