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AIZUPITIS v. STATE

No. 244, 1996.

699 A.2d 1092 (1997)

Varis R. AIZUPITIS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 22, 1997.

Attorney(s) appearing for the Case

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

Timothy J. Donovan, Jr., Department of Justice, Wilmington, for appellee.

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

HOLLAND, Justice:

The defendant-appellant, Varis R. Aizupitis ("Aizupitis"), was indicted on charges of Murder in the First Degree, in violation of 11 Del. C. § 636(a)(1), and Possession of a Firearm During the Commission of a Felony, in violation of 11 Del.C. § 1447A. At trial, Aizupitis asserted the defense of insanity1 and the mitigating circumstance of extreme emotional distress.2

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