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BENSON v. STATE

636 A.2d 907 (1994)

Charles H. BENSON, Defendant Below, Appellant, v. The STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: February 2, 1994.

Attorney(s) appearing for the Case

Kevin M. Howard of Prickett, Jones, Elliott, Kristol & Schnee, Dover, for appellant.

James V. Apostolico, Dept. of Justice, Dover, for appellee.

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

VEASEY, Chief Justice:

In this case, we address the issue of whether it is permissible for a prosecutor, in his rebuttal summation, to comment on the lack of a defense expert witness when the defendant is an indigent. The Superior Court overruled an objection by defense counsel that the prosecution's comment violated the defendant's due process rights. We hold that it is permissible...

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