State v. Todd

POPPITI, Judge.

This is the Court’s decision on defendant’s motion to dismiss the indictment in State of Delaware v. Gary Todd. The defendant has stipulated that the facts con tained in the indictment are true, 1 and for the purposes of deciding this motion, the Court also accepts the following as true.

The defendant, Gary Todd, (hereinafter “the father”) lived with Elaine Porter (hereinafter “the mother”) from May 1983 until August 1984. During that time Elaine became pregnant with the defendant’s child and on March 18, 1984 gave birth to a daughter, Andrea. Although the mother and the father…