Hunter v. State

HERRMANN, Chief Justice:

This case, decided by this Court on June 24, 1980 (Hunter v. State, Del.Supr., 420 A.2d 119), is now before this Court on vacating of judgment and remand by the Supreme Court of the United States (in summary disposition of Certiorari 80-283) “for further consideration in light of Albernaz v. United States,” - U.S. -, 101 S.Ct. 1137, 67 L.Ed.2d 275 (1981). Delaware v. Hunter, - U.S. -, 101 S.Ct. 1689, 68 L.Ed.2d 190 (1981).

Our reconsideration of Hunter, under the mandate, is limited to the double jeopardy issue to which Albernaz applies.

In Hunter, the defendant was…