Miller v. State

WOLCOTT, Chief Justice.

This is an appeal from a conviction of burglary in the first degree. The indictment was found under 11 Del.C. § 392, which provides that anyone who breaks and enters in the nighttime into the dwelling of another with intent to commit murder or rape shall be guilty of burglary in the first degree. The prisoner was sentenced to the minimum penalty of 25 years.

The basic contention of the prisoner is that certain matters taking place in the course of his trial were fatally prejudicial to his only defenses • of mistaken identity and alibi. He does not deny that the crime of…