JOHNSON v. STATE


215 A.2d 247 (1965)

Lester McKinley JOHNSON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

December 2, 1965.


Attorney(s) appearing for the Case

Nicholas H. Rodriguez, of Schmittinger & Rodriguez, Dover, for defendant below, appellant.

Merrill C. Trader, Deputy Atty. Gen., for plaintiff below, appellee.

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


HERRMANN, Justice:

The question before us is whether the defendant may be convicted under an indictment as a principal though found to be an accomplice.

The defendant was indicted for burglary in the fourth degree, charged as a principal. At the trial, there was evidence that the defendant drove two others to the scene of the crime, but that he remained in the automobile while the others entered the building. After...

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