Winsett v. State

These appellants, Thomas H. Winsett, Wilbert A. Weekley and Edward J. Mayerhofer, were denied relief which they sought in Superior Court in a Huntley hearing * under Criminal Rule 35 of that Court, Del.C.Ann. They have appealed from that ruling. The opinion of the lower Court is reported in Del.Super., 238 A.2d 821. See also Del.Super., 230 A.2d 777; Del., 222 A.2d 781; Del., 205 A.2d 510. After reviewing the briefs and the record, we find no reversible error.

Specifically:

1) We approve the rules of law stated by the Trial Court as follows:

“The use of reasonable force in effecting an arrest…