STATE v. BAKER

No. 49, 1998.

720 A.2d 1139 (1998)

STATE of Delaware, Plaintiff Below, Appellant, v. Robert G. BAKER, Defendant Below, Appellee. STATE of Delaware, Plaintiff Below, Appellant, v. David M. BUTTERS, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: December 1, 1998.


Attorney(s) appearing for the Case

Paul R. Wallace, Deputy Attorney General, Department of Justice, Wilmington, for Appellant.

Robert G. Carey, Assistant Public Defender, Office of the Public Defender, Wilmington, for Appellees.

Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices.


WALSH, Justice:

We granted the State of Delaware leave to file this discretionary appeal from a ruling of the Superior Court, pursuant to 10 Del.C. § 9903 and Supreme Court Rule 27(b), as to the two following questions of law:

(i) Whether a plain reading of 21 Del. C. § 4177(a)(5) requires that the State prove, as an element of the offense, that a defendant had an alcohol concentration of...

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