Legal Opinion
State v. Fossett
Superior Court of Delaware
Decided July 19, 1957No. 49 and 50PublishedCited by 10 opinions
1Opinion of the Court
Herrmann, J.:
I am called upon to decide (1) whether money validly seized in a gambling case may be forfeited to the State under our Statute and, if so, (2) whether due process of law requires trial by jury in such forfeiture proceeding.
The Statute here involved is 11 Del. C. § 2311(a) which provides:
Ҥ 2311. Disposition of property validly seized
“(a) The following disposition shall be made of any papers, articles or things validly seized—
“(1) If the papers, articles or things were obtained as the result of the commission of a crime, they shall be returned to their lawful owners.
“(2) If the…
2Cases cited15 opinions
- People v. One 1941 Chevrolet CoupeCalifornia Supreme Court · 1951
- Rosen v. Superintendent of Police Le StrangeSuperior Court of Pennsylvania · 1935
- Urban's AppealSuperior Court of Pennsylvania · 1941
- State v. RoseSuperior Court of Delaware · 1929
- State v. LinkSupreme Court of New Jersey · 1954
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Claudio v. StateSupreme Court of Delaware · 1991
- Getty Refining & Marketing Co. v. Park Oil, Inc.Court of Chancery of Delaware · 1978
- In Re MarkelSupreme Court of Delaware · 1969
- Hopkins v. Justice of Peace Court No. 1Superior Court of Delaware · 1975
- State v. RodriquezNew Jersey Superior Court Appellate Division · 1974
5 more not listed; retrieve them via the Exa API.