State v. Herhal

QUILLEN, Judge:

The defendant, Andrew J. Herhal, petitioned this court for a Rule 35(a) hearing. Superior Court Criminal Rule 35(a), Del. C.Ann. An evidentiary hearing was held on February 20, 1973 to consider the sole question of the validity of the issuance and execution of the search warrants involved.

The history of this case is extensive. Petitioner was first convicted in this court of first degree murder of Sally Deputy in October, 1966. An appeal was taken, and the Supreme Court reversed and remanded the case for a new trial. Herhal v. State, Del.Supr., 243 A.2d 703 (1968). Petitioner…