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BURNHAM v. STATE

No. 422, 1999.

761 A.2d 830 (2000)

Benjamin BURNHAM, Jr., Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: October 16, 2000.

Attorney(s) appearing for the Case

Bernard J. O'Donnell, Office of the Public Defender, Wilmington, Delaware, for Appellant.

Elizabeth R. McFarlan, Department of Justice, Wilmington, Delaware, for Appellee.

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

BERGER, Justice.

In this appeal, we consider whether the Superior Court erred in refusing to instruct the jury that harassment is a lesser included offense of the crime of stalking. The State objected to the instruction on the ground that stalking is a "course of conduct" crime, but that harassment is not. We disagree. Harassment includes, among other things, a "course of alarming or distressing conduct ..." and/or "repeated...

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