State v. Davis

O’HARA, Judge.

This case presents the question, previously undecided in this State, whether the testimony of a witness who has undergone hypnosis to refresh her recollection is admissible in a criminal trial where the witness had no recollection of the events in question prior to hypnosis.

The defendant, Paul Edward Davis, was indicted for Assault in the First Degree, 11 Del.C. § 613, on June 11, 1984. The charge stems from an incident involving Bonnie Kay Hickman, the alleged victim and the proposed witness, on September 23, 1983, when Ms. Hickman (“the witness”) was found lying unconscious by…