Seeney v. State

WOLCOTT. Chief Justice:

This is an appeal from the Superior Court of New Castle County from the denial of relief under Rule 35 from a conviction of robbery and the imposition of a sentence of 10 years. Two questions are presented:(1) Was prejudicial error committed by a comment of the trial judge made during the testimony of the prisoner during his direct examination?(2) Did the Superior Court abuse its discretion under the circumstances by imposing a sentence of 10 years upon the prisoner?

With respect to the first question, it appears that the State proved that the prisoner assaulted one…