MacK v. State

HERRMANN, Chief Justice:

The defendant seeks review of his conviction in the Superior Court on charges of possession of a narcotic drug with intent to sell, under 16 Del.C. § 4725, and possession of a firearm during the commission of that felony, under 11 Del.C. § 468A. 1 Appellant contends that there was insufficient evidence to warrant submission of the drug charge to the jury, and that § 468A is inapplicable here and unconstitutionally overbroad.

Pursuant to a search warrant, the defendant’s apartment was searched. He was present. The police seized a quantity of heroin, certain drug…