Johnson v. State

HERRMANN, Chief Justice:

The defendant Wilbur Johnson, a/k/a Wilbur Shabazz, was convicted of escape after conviction, 11 Del.C. § 1253, and second degree conspiracy, 11 Del.C. § 511; the defendants Carl Vincent Henry and Robert Payne were convicted of attempted escape after conviction and second degree conspiracy. They appeal their convictions on the ground that the Trial Court erred in requiring them to make a pretrial offer of proof in support of their defense of justification.

I

The defendants escaped from the Delaware Correctional Center. Henry and Payne were apprehended within minutes;…