Harris v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE SAMUEL L. HARRIS, § § § § No. 234, 1999 § § Court Below: Superior Court § of the State of Delaware in and § for Kent County § Cr.A. Nos. IK98-02-0069 through § 0076, 0856 and 0857 § Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. Submitted: February 8, 2000 Decided: February 18, 2000 Before VEASEY, Chief Justice, WALSH, and HARTNETT, Justices. ORDER This 18th day of February 2000, upon consideration of the briefs of the parties, the Court concludes that: (1) The Superior Court did not err in denying defendant s motion for judgment of acquittal on the charge of Attempted Robbery in the First Degree and Aggravated Menacing. The State s case, although circumstantial, presented a jury question. (2) The defendant was not prejudiced by the inadvertent failure to submit a letter to the jury which was essentially cumulative and which had already been read in part. Accordingly, we find no error. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED. BY THE COURT: s/Joseph T. Walsh Justice 2

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