State v. Demby

This matter is before the Court on a certified question from the Superior Court. The issue presented is the construction of the statute prescribing the age of the victim as a statutory aggravating factor in a capital case. The statute, 11 Del.C. § 4209(e)(l)s., treats as a death penalty statutory aggravating factor the fact that the victim of the crime is “14 years of age or younger.” This certified question is presented to this Court prior to trial because the State intends to rely, as an aggravating factor, on the fact that the victim had reached his fourteenth birthday, but not his…