Matthews v. State

WOLCOTT, Chief Justice:

This is an appeal from the denial of post-conviction relief under Criminal Rule 35 of the Superior Court. These two appellants took a direct appeal from their convictions of the crimes of kidnapping, rape and robbery. By Opinion of this Court, Samuels v. State, Del.Supr., 2S3 A. 2d 201 (1969), these convictions were upheld.

The application for relief under Rule 35 raises solely the question of whether or not it was a denial of due process of law for the Trial Court not to sua sponte instruct the jury at the trial of these appellants that it could bring in a verdict of…