Eaton v. State

HERRMANN, Chief Justice:

The defendant, Phillip C. Eaton, appeals from his convictions of murder in the first degree and possession of a deadly weapon during the commission of a felony.

I

The defendant contends that ne was denied the equal protection and due process protections of the Fourteenth Amendment because he was indicted by the Grand Jury of New Castle County of which the affirmative vote of only 60% of its total number is required by the Constitution to indict, whereas in Kent and Sussex Counties 70% is required. 1 The argument is that it is thus made less difficult for the prosecutor…