SECREST v. STATE

No. 503, 1994.

679 A.2d 58 (1996)

Scott C. SECREST, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: May 31, 1996.

Rehearing Denied July 1, 1996.


Attorney(s) appearing for the Case

John S. Malik, Wilmington, for Appellant.

William L. George, Jr., Deputy Attorney General, Department of Justice, Wilmington, for Appellee.

Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT and BERGER, JJ., constituting the Court en Banc.


VEASEY, Chief Justice:

In this appeal of a conviction for second degree murder arising out of a motor vehicle collision where the central issue at trial was the identity of the driver, we hold that it was reversible error to admit into evidence, over objection asserting the physician-patient privilege, an admission to a treating emergency room physician by the defendant that he was the driver.

We also hold that the...

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