FOUNTAIN v. STATE


275 A.2d 251 (1971)

Charles Lincoln FOUNTAIN, Appellant, v. STATE of Delaware, Appellee.

Supreme Court of Delaware.

February 24, 1971.


Attorney(s) appearing for the Case

Harold Schmittinger, of Schmittinger & Rodriguez, Dover, for appellant.

James H. Hughes, 3rd, Deputy Atty. Gen., for the State.

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


WOLCOTT, Chief Justice.

The appellant was tried and convicted of assault with intent to rape. He was not represented at his trial by counsel appearing for him in this appeal.

It is argued that reversible error was committed by the trial judge when he failed to instruct the jury that a verdict of guilty must be the unanimous verdict of all members of the jury, even though there was no request that the jury be so instructed.

It is of course fundamental...

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