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BETHARD v. STATE

No. 304, 2010.

28 A.3d 395 (2011)

David C. BETHARD, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: February 9, 2011.

Attorney(s) appearing for the Case

E. Stephen Callaway and Bernard J. O'Donnell (argued), Office of the Public Defender, Georgetown, Delaware, for appellant.

John Williams , Department of Justice, Dover, Delaware, for appellee.

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

STEELE, Chief Justice.

David Bethard appeals from a Superior Court judge's denial of his Motion for a Judgment of Acquittal on the charge of aggravated menacing. Bethard asserts that insufficient evidence supports the charge. Bethard contends that although Captain Simpson of the Delaware State Police may have had a subjective belief that Bethard had a weapon, Bethard never objectively manifested a weapon during their altercation. Because Simpson's testimony established...

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