Rossitto v. State

HERRMANN, Justice:

This appeal presents the questions of the constitutionality of the Gambling Paraphernalia Statute, 11 Del.C. § 669(a),1 and of Rule 8(2) 2, Del.C.Ann., of this Court.

The questions arise under appeals from denials by the Superior Court of post conviction relief sought by the defendant, under Superior Court Criminal Rule 35(a), Del.C.Ann. from two convictions for violations of 11 Del.C. § 669(a). One conviction gave rise to an appeal and an affirmance after the usual briefing and argument. See Del., 287 A.2d 669. An appeal from the other conviction resulted in a summary…