MacKie v. State

HERRMANN, Chief Justice:

This is an appeal from a conviction of possession of a deadly weapon during the commission of a felony. 11 Del.C. § 1447. The defendant was also convicted of attempted assault in the first degree, resisting arrest, and reckless endangering in the first degree, but did not appeal therefrom.

The defendant was involved in a street fracas. A police officer intervened and engaged in a struggle with the defendant, during which, after the officer struck the defendant with his searchlight, the defendant reached into the officer’s holster, pulled out his service revolver and…