Wheatley v. State

HERRMANN, Chief Justice:

The defendant, Terry Wheatley, appeals his conviction of two counts of delivering cocaine. 16 Del.C. §§ 4716, 4751(b). He contends that the Trial Court committed reversible error (1) in refusing his request for a missing-witness instruction; and (2) in denying his motion for a mistrial based upon alleged prosecutorial misconduct.

I

At trial, during his opening statement, the prosecutor informed the jury that cocaine was sold by the defendant on three occasions, to a “reliable, confidential, in former.” The informer was not called as a witness by the State, nor subpoenaed…