Legal Opinion
State v. Clark
Supreme Court of Delaware
Decided October 9, 1970PublishedCited by 12 opinions
1Opinion of the Court
HERRMANN, Justice:
In this embezzlement case, the Superior Court made a pre-trial ruling that the present embezzlement statute, being 11 Del.C. § 635, 1 is unconstitutional for vagueness; but that its predecessor § 635 2 stands unre-pealed and the indictment in this case states an offense thereunder. Accordingly, the Superior Court denied the defendant’s motion to quash the indictment.
At that stage, the State was granted leave to file an appeal under the provisions of subparagraph (2) of the recently enacted 57 Del.L.Ch. 133. 3
The defendant has moved to dismiss the appeal on the ground that it…
2Cases cited1 opinion
- Hodsdon v. Superior Court of the State of Delaware Ex Rel. New Castle CountySupreme Court of Delaware · 1968
3Cited by12 opinions
- State v. CoxSupreme Court of Delaware · 2003
- Clark v. StateSupreme Court of Delaware · 1972
- State v. RobertsSupreme Court of Delaware · 1971
- United States of America Ex Rel. Sidney J. Clark v. Raymond W. AndersonCourt of Appeals for the Third Circuit · 1974
- State v. BowdenSupreme Court of Delaware · 1971
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