United States of America Ex Rel. Sidney J. Clark v. Raymond W. Anderson

I join that portion of the majority’s opinion affirming the district court’s rejection of Clark’s contention relating to allegedly prejudicial pretrial publicity, but respectfully dissent from that aspect sustaining Clark's due process objections to the Delaware practice of reinstating an “amended” statute once a successor statute has been declared invalid.

The factual and legal situation giving rise to this appeal is not complicated. Clark was indicted for alleged violations of 50 Del.Laws Ch. 299, 11 Del.C. § 635 (1955), which in essence made it unlawful “[to embezzle] money or other…