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MOTT v. STATE

No. 450, 2009.

9 A.3d 464 (2010)

Gerry J. MOTT, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: November 22, 2010.

Attorney(s) appearing for the Case

James D. Nutter, Esquire , Mooney & Nutter, Georgetown, Delaware, for appellant.

Abby Adams, Esquire and Paul R. Wallace, Esquire , Department of Justice, Georgetown, Delaware, for appellee.

Before HOLLAND, BERGER and RIDGELY, Justices.

HOLLAND, Justice:

The defendant-appellant, Gerry J. Mott ("Mott"), appeals from his Superior Court judgment of conviction for feloniously committing New Home Construction Fraud. Mott contends that the indictment returned against him was fatally defective because it failed to allege the amount of loss associated with the charge. Mott argues that his right to prosecution by indictment under Article I, Section 8 of the Delaware Constitution was violated because, in failing...

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