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WALTON v. STATE

No. 59, 2002.

821 A.2d 871 (2003)

Patrick WALTON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: April 25, 2003.

Attorney(s) appearing for the Case

Sandra W. Dean, Esquire, Office of the Public Defender, Dover, for Appellant.

John Williams, Esquire, Department of Justice, Dover, for Appellee.

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

VEASEY, Chief Justice, for the Majority.

In this appeal, we revisit the first degree robbery statute which requires the State to establish beyond a reasonable doubt both of the following elements: (1) that the defendant commits the crime of robbery in the second degree; and (2) in the course thereof, "displays what appears to be a deadly weapon."1 The present case involves a bank robbery where...

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