Legal Opinion

State v. Flowers

Supreme Court of Delaware

Decided December 2, 1974PublishedCited by 11 opinions

1Opinion of the Court

DUFFY, Justice:

This is an appeal by the State from a judgment of the Superior Court declaring 11 Del.C. § 4331(a) unconstitutional. 1

I

On January 16, 1974 defendant was found guilty of possession with intent to deliver a narcotic Schedule I Controlled Substance (heroin) in violation of 16 Del.C. § 4751. After trial and pending a presentence investigation he was released on bail. Thereafter the State moved to revoke bail on the basis of a recent amendment to 11 Del.C. § 4331(a), which provides:

“If the Court orders such investigation for an offender convicted of murder or manufacture, delivery,…

2Cases cited19 opinions

  1. Stack v. BoyleSupreme Court of the United States · 1952
  2. Harlan v. McGourinSupreme Court of the United States · 1910
  3. Ex parte VollCalifornia Supreme Court · 1871
  4. Ex Parte EzellTexas Supreme Court · 1874
  5. Commonwealth v. FowlerSupreme Court of Pennsylvania · 1973

14 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Priest v. PearceOregon Supreme Court · 1992
  2. State v. WassillieAlaska Supreme Court · 1980
  3. In Re Justice of the Peace PittSupreme Court of Delaware · 1988
  4. Bailey v. StateSupreme Court of Delaware · 1976
  5. State v. PatelSupreme Court of Connecticut · 2017

6 more not listed; retrieve them via the Exa API.

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