Legal Opinion

State v. Rossitto

Supreme Court of Delaware

Decided November 8, 1974PublishedCited by 8 opinions

1Opinion of the Court

DUFFY, Justice:

The issue for decision in this appeal involves a forfeiture proceeding on application by the State after entry of a guilty verdict.

I

After waiving a jury trial, defendant was convicted of violating 11 Del.C. § 669 (keeping gambling paraphernalia) and on appeal this Court affirmed. Thereafter defendant moved in the Superior Court for the return of $1,152.75 which had been seized incident to his arrest and admitted into evidence at trial. The State then filed a petition asking that the moneys be forfeited. The Court denied the petition after concluding that a forfeiture proceeding…

2Cases cited2 opinions

  1. Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
  2. State v. FossettSuperior Court of Delaware · 1957

3Cited by8 opinions

  1. Hopkins v. Justice of Peace Court No. 1Superior Court of Delaware · 1975
  2. Rumfolo v. StateCourt of Appeals of Texas · 1976
  3. State Ex Rel. Lawson v. WilkesWest Virginia Supreme Court · 1998
  4. Cahill v. StateSuperior Court of Delaware · 1980
  5. State v. LloydSuperior Court of Delaware · 1988

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