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RIVERA v. STATE

351 A.2d 561 (1976)

Carmen Nereida RIVERA, Defendant below, Appellant, v. STATE of Delaware, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided January 12, 1976.

Attorney(s) appearing for the Case

Arlen B. Mekler, Wise & Mekler, Wilmington, for defendant below, appellant.

James S. Green, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

Before HERRMANN, Chief Justice, and DUFFY and McNEILLY, Justices.

HERRMANN, Chief Justice:

The defendant was charged with murder in the first degree and was convicted of murder in the second degree. She attacks, as violative of the Due Process Clause, 11 Del.C. § 4011 classifying mental illness as an affirmative defense which the defendant must prove by a preponderance of the evidence under 11 Del.C. § 304.2

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