Fountain v. State

WOLCOTT, Chief Justice.

The appellant was tried and convicted of assault with intent to rape. He was not represented at his trial by counsel appearing for him in this appeal.

It is argued that reversible error was committed by the trial judge when he failed to instruct the jury that a verdict of guilty must be the unanimous verdict of all members of the jury, even though there was no request that the jury be so instructed.

It is of course fundamental under our law that the verdict of a jury must be unanimous. This follows from Article I, § 4 of the Delaware Constitution, Del.C. Ann. providing…