Fountain v. State

HERRMANN, Justice:

The defendant appeals from a denial by the Superior Court of postconviction relief under Superior Court Criminal Rule 35.* The motion was based upon an assertion of lack of jurisdiction to convict and sentence for violation of Sec. 39-18 (a) of the Wilmington City Code making it unlawful “to carry concealed a deadly weapon upon or about his person with the intent to use such weapon in violation of law * * *.”

The defendant had been tried in the Municipal Court of Wilmington on an information which charged that he did “carry concealed a deadly weapon, to wit, a razor, at 900…