Taylor v. State

McNEILLY, Justice:

Following a jury trial, defendant was found guilty of two counts of Receiving Stolen Property in violation of 11 Del.C. § 851. 1 In this appeal defendant challenges the Superior Court’s jury instructions which were taken from Delaware Pattern Criminal Jury Instructions 18M and 18N, arguing that the instructions amounted to plain error in that they permitted the jury to return a guilty verdict without requiring findings on all the elements necessary for criminal liability under § 851. We agree and reverse.

The clear language of § 851 and the Commentary to the Criminal Code…