Whalen v. State

McNEILLY, Justice:

The defendant, Frank Cole Whalen, Jr., was indicted, tried and convicted by a Superior Court jury of Murder First Degree [11 Del.C. § 636(a)(2)], Rape First Degree [11 Del.C. § 764(1)], and Burglary First Degree [11 Del.C. § 826(2)]. 1 Following his conviction of Murder First Degree a separate penalty hearing was held pursuant to 11 Del.C. § 4209. The jury recommended the death penalty. The Trial Judge accepted this recommendation and imposed the death penalty on the murder conviction together with separate sentences on the convictions of rape and burglary. Defendant appeals…