[Download] "Ernest v. Waters v. State Delaware" by Supreme Court of Delaware * Book PDF Kindle ePub Free

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Title: Ernest v. Waters v. State Delaware
Author : Supreme Court of Delaware
Release Date : January 11, 1982
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

HERRMANN, Chief Justice: In this appeal the defendant seeks reversal of his conviction of Murder in the Second Degree [11 Del.C. § 635 (1)]* on the grounds that (1) the Statute is unconstitutionally vague; (2) there was error in the jury charge; and (3) the evidence was insufficient to sustain a conviction of Murder in the Second Degree. Collaterally, he argues that the imposition of separate, consecutive sentences -- one for Murder in the Second Degree and one for Possession of a Deadly Weapon During the Commission of a Felony** -- violates his rights under the Double Jeopardy Clause in that he is thereby subjected to multiple punishment for the same offense.