Ward v. State

DUFFY, Justice:

Defendant, Richard Lee Ward, was indicted for attempted murder in the first degree, 11 Del.C. § 531, § 636, and convicted by a Superior Court jury of assault in the first degree, 11 Del.C. § 613. He appeals alleging, inter alia, that it was error for the Trial Court to comment on the credibility of a prosecution witness and that he was denied a fair trial as a consequence of the Court’s failure to instruct the jury on the law of accident. We conclude that these constitute reversible error so that a new trial is required.

I

The State’s evidence shows that Ward and a cohort,…