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Legal Opinion

Caulk v. Municipal Court for City of Wilmington

Supreme Court of Delaware

Decided June 5, 1968PublishedCited by 14 opinions

1Opinion of the Court

WOLCOTT, Chief Justice.

This is a Petition for a Writ of Prohibition seeking to end the prosecution of the petitioners in the Municipal Court of Wilmington on charges of willful trespass in violation of 11 Del.C., § 871.

The petitioners were engaged in a sit-in protest in the office of Joseph Miller, a realtor. They were arrested on warrants supported by the sworn complaint of Miller, issued by the Clerk of the Municipal Court pursuant to 10 Del.C., § 1724(2), which authorizes the Clerk to issue warrants upon complaints in writing under oath. Subsequent to the issuance of the warrants and the…

2Cases cited4 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 1948
  2. Giordenello v. United StatesSupreme Court of the United States · 1958
  3. State v. PaulickSupreme Court of Minnesota · 1967
  4. State v. DaveySuperior Court of Delaware · 1952

3Cited by14 opinions

  1. People v. WeitzerCalifornia Court of Appeal · 1969
  2. Grano v. StateSuperior Court of Delaware · 1969
  3. Thomas v. StateSupreme Court of Delaware · 1983
  4. State v. RuotoloSupreme Court of New Jersey · 1968
  5. Herhal v. StateSupreme Court of Delaware · 1971

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