State v. Miller

Stiftel, J.:

This is a motion for an order dismissing an indictment, made by the defendant on the grounds that he has been in jeopardy at a previous trial, and that the trial of the instant indictment would constitute being in jeopardy twice, in violation of Article 1, Section 8 of the Constitution of the State of Delaware, Del. C. Ann.

*82William L. Miller was charged with larceny of miscellaneous pipes and pipe fittings of the value of $113.55, the property of Daniel Rappa, allegedly occurring on October 9, 1958. At the trial on January 7, 1959, Daniel Rappa, on cross-examination by defendant’s…