Nance v. Rees

Wolcott, J.:

Nance v. Rees raises two questions for our decision. First, was there error in the charge of the trial judge to the jury and, second, is 10 Del. C. § 4541-§ 4543, authorizing the striking of special juries, unconstitutional?

Subsequent to that appeal, Rineer v. State, et al., No. 12, 1960 was certified to us raising the same constitutional question. By stipulation entered in No. 12, 1960, the parties to that cause adopted the briefs and oral argument which had theretofore been presented to us in the Nance appeal.

We thereupon consolidated the two causes for decision and, in so…