Davis v. State

DUFFY, Justice:

In this criminal appeal, we consider whether the State may convict and sentence a defendant for both attempted first-degree robbery and possession of a deadly weapon during the commission of that attempted robbery. We conclude that present Delaware law prohibits such separate prosecutions.

I

These are the pertinent facts:

On March 17, 1977, at the Wilmington train station, Paul W. Davis (defendant) entered a taxicab operated by William H. Kee. Davis asked Kee to take him to a bus station on the Du Pont Highway. En route, Davis told the cab driver to pull over to the side of the…