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STATE v. MOORHEAD

623 A.2d 1082 (1993)

STATE of Delaware, Plaintiff Below, Appellant, v. Edward C. MOORHEAD, Jr., Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: April 12, 1993.

Attorney(s) appearing for the Case

Richard E. Fairbanks, Jr. (argued), and Loren C. Meyers, Dept. of Justice, Wilmington, for appellant.

Bernard J. O'Donnell (argued), Public Defender's Office, and Joseph A. Hurley, Wilmington, for appellee.

Before VEASEY, C.J., HORSEY, MOORE, WALSH and HOLLAND, JJ. (constituting the Court en Banc).

HOLLAND, Justice:

The State has applied for leave to appeal from an adverse evidentiary ruling by the Superior Court, which was made during the course of a criminal trial. 10 Del.C. § 9903. Such appeals are permitted in the discretion of this Court. Id. The defendant-appellee, Edward C. Moorhead, Jr. ("Moorhead"), has responded with a motion to dismiss the State's application as untimely and, alternatively, with a request to deny the State's application...

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