Barnes v. State

HERRMANN, Chief Justice.

Defendant was convicted of first degree murder [11 Del.C. § 636(1)] and robbery in the first degree [11 Del.C. § 832(1)]. He appeals on several grounds including the admission in evidence of the victim’s before-death declarations and the Trial Judge’s instruction as to accomplice liability.

I

The robbery of a diner resulted in the shooting of its owner at about 3 :00 p. m. Responding to a telephone call, a police detective arrived at the scene at about 3:20 p. m. He found the victim “rolling and twisting” on the kitchen floor of a next-door dwelling. He had been shot in…