Stewart v. State

HERRMANN, Chief Justice:

In this appeal we are asked to reverse defendant’s conviction under 11 Del.C. § 512, Conspiracy Second Degree 1 because (1) the conviction is inconsistent with the jury’s finding of not guilty on a charge of Delivery of a Non-Narcotic Schedule II Controlled Substance under 16 Del.C. § 4752, 2 in that the overt act required as an element of the conspiracy was the delivery; (2) the Trial Court erred in admitting certain evidence, in making prejudicial comments in front of the jury, and in failing to advise counsel in advance of his proposed jury instruction; (3) the…