Legal Opinion

Klase v. State

Supreme Court of Delaware

Decided October 9, 1975PublishedCited by 9 opinions

1Opinion of the Court

McNEILLY, Justice:

Defendant appeals from jury convictions in Superior Court on charges of rape and possession of a deadly weapon during the commission of a felony. He contends that his due process rights were violated by an “impermissably suggestive” pretrial identification of a knife with which he allegedly forced the victim to acquiesce to sexual intercourse.

I

During pretrial investigation of the alleged crimes, the victim told police that de fendant had forced her at knifepoint to have sexual intercourse with him. She described the knife as a thin, white, pearl-handled stiletto. The defense…

2Cases cited5 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Simmons v. United StatesSupreme Court of the United States · 1968
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Day v. StateSupreme Court of Delaware · 1972
  5. State v. MartinSuperior Court of Delaware · 1960

3Cited by9 opinions

  1. Hughes v. StateMississippi Supreme Court · 1999
  2. State v. RoscoeArizona Supreme Court · 1984
  3. Thomas v. StateSupreme Court of Delaware · 1983
  4. Commonwealth v. SimmonsMassachusetts Supreme Judicial Court · 1981
  5. State v. BrunsSupreme Court of Iowa · 1981

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