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ONEY v. STATE

397 A.2d 1374 (1979)

Robert Lee ONEY, Melvin Edward Pusey, Jr. and Frederick Lee Gainer, Defendants Below, Appellants, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided January 18, 1979.

Attorney(s) appearing for the Case

Robert C. Wolhar, of Wolhar & Moore, Georgetown, for defendants, Robert Lee Oney and Frederick Lee Gainer.

William M. Chasanov, of Brown, Shiels & Barros, Georgetown, for defendant, Melvin Edward Pusey, Jr.

James E. Liguori, Deputy Atty. Gen., Georgetown, for plaintiff below, appellee.

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

McNEILLY, Justice.

Defendants appeal their Superior Court jury convictions of reckless endangering in the first degree.1 Because we find reversible error as to defendants Melvin Edward Pusey, Jr. and Frederick Lee Gainer in the Court's failure to instruct the jury on the lesser included offense of reckless endangering in the second degree,2 and because the Court erred...

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