State v. Cagle

HERRMANN, Chief Justice:

The State appeals under 10 Del.C. § 9903 1 from the Superior Court’s reversal of a conviction in the Court of Common Pleas for New Castle County. We permit this appeal in order to determine an important procedural question concerning the scope of review in an appeal on the record from the Court of Common Pleas to the Superior Court.

The defendant was convicted in the Court of Common Pleas for driving under the influence of alcohol, 21 Del.C. § 4176, resulting in an accident. Based upon the testimony of the defendant, the arresting officer, and the private citizen who…