CEPHAS v. STATE

No. 619, 2005.

911 A.2d 799 (2006)

Jerome CEPHAS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: October 16, 2006.

Revised: December 15, 2006.


Attorney(s) appearing for the Case

Nicole M. Walker, Esquire, Office of the Public Defender, Wilmington, Delaware, for Appellant.

Timothy J. Donovan, Jr., Esquire, Department of Justice, Wilmington, Delaware, for Appellee.

Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.


BERGER, Justice.

In this appeal, we consider whether there was sufficient evidence to support a conviction of second degree assault where the defendant was charged with assaulting a pregnant female. The victim believed that she was pregnant, although she had a condition called a "molar pregnancy," and medical tests established that there was no fetal tissue in the mole. The State's purported expert, who was unable to provide a medical definition of pregnancy, nonetheless...

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