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SEENEY v. STATE

211 A.2d 908 (1965)

James R. SEENEY, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

June 29, 1965.

Attorney(s) appearing for the Case

William S. Megonigal, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, for appellant.

F. L. Peter Stone, Deputy Atty. Gen., Wilmington, for appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

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...

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