Hatcher v. State

DUFFY, Justice:

Defendant appeals from convictions for possession with intent to deliver a Narcotic Schedule I Controlled Substance (heroin), 16 Del.C. § 4751, and for maintaining a dwelling for delivering such substances, 16 Del.C. § 4755(a)(5). He argues that the State did not produce sufficient evidence to prove that he had possession of the drugs and that an out-of-court statement of a witness introduced by the prosecution under 11 Del.C. § 3507 (formerly, § 3509) was involuntarily made.

I

We consider the latter contention first because if the statement was properly admitted, it is…