King v. State

Terry, Chief Justice:

On March 5, 1963, defendant was indicted by the Grand Jury of New Castle County for attempted bribery in violation of 11 Del. C. § 105. Specifically, the indictment charges that the defendant endeavored to bribe the Deputy Insurance Commissioner of this State. Following the trial, the defendant moved to dismiss the indictment upon the grounds that Article II, Section 22 of the Delaware Constitution, Del. C., prompts 11 Del. C. § 105 and since no penalty is attached for a violation of the constitutional provision, prosecution for the crime is constitutionally impermissible.