Waters v. State

HERRMANN, Chief Justice:

In this appeal the defendant seeks reversal of his conviction of Murder in the Second Degree [11 Del.C. § 635(1)] 1 on the grounds that (1) the Statute is unconstitutionally vague; (2) there was error in the jury charge; and (3) the evidence was insufficient to sustain a conviction of Murder in the Second Degree. Collaterally, he argues that the imposition of separate, consecutive sentences — one for Murder in the Second Degree and one for Possession of a Deadly Weapon During the Commission of a Felony 2 — violates his rights under the Double Jeopardy Clause in that he…