Parker v. State

WOLCOTT, Justice.

This is an appeal from a mandatory sentence of life imprisonment imposed pursuant to 11 Del. C. Sec. 781, following a conviction of rape without a recommendation of mercy. Two errors at the trial are alleged by the prisoner as reasons for the reversal of his conviction. At this time we are concerned only with one of these alleged errors.

It is charged that it was prejudicial error for the trial judge to have instructed the jury at the close of his charge in the following language:

“If you do not feel that the defendant committed the crime of rape upon the prosecuting witness,…