Jackson v. State

HERRMANN, Chief Justice:

Defendants were convicted of robbery in the first degree [11 Del. C. § 832]; possession of a deadly weapon during the commission of a felony [11 Del.C. § 1447]; and conspiracy in the second degree. On appeal, they contend that the Trial Judge’s failure to instruct the jury on the defense of alibi was prejudicial error. We agree.

I

The convictions in this case stem from the robbery of a Wilmington supermarket. At trial, the defendants’ sole defense was that of alibi; their claim of not being within the State at the time of the offense was corroborated by the testimony of…