State v. Kempner

Herrmann, J.:

The ultimate question for decision is whether the portion of 10 Del. C. § 990 here involved is -unconstitutional for violation of the guaranty against double jeopardy. That Statute provides in part as follows:

“The Attorney General of the State, in an action before the Court brought for the purpose of determining whether there has been desertion, willful neglect, or failure to support a wife or a child or both under chapter 5 of Title 13, ** * * shall have the right of appeal from any decision of the Court, in which the defendant in any of the actions is found not guilty, or in…