WILLIAMS v. STATE

No. 470/475,2001.

818 A.2d 906 (2002)

Joseph WILLIAMS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: December 13, 2002.

Amended: April 1, 2003.


Attorney(s) appearing for the Case

Joseph M. Bernstein, Esquire, Wilmington, Delaware, for Appellant.

William M. Kelleher, Esquire (argued) and Elizabeth R. McFarlan, Esquire, Deputy Attorneys General, Department of Justice, Wilmington, Delaware, for Appellee.

Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER and STEELE, Justices, constituting the Court en Banc.


VEASEY, Chief Justice.

In this appeal we consider the application of the statutory language of Delaware's felony murder statute requiring that one of the elements of the crime must be that the homicide is caused by the defendant in furtherance of the felony. The statutory provision in question is Section 636 of the Criminal Code, which provides: "(a) A person is guilty of murder in the first degree when: ... (2)[i]n the course...

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