Toth v. State
Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF DELAWARE CHRISTOPHER TOTH, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § No. 167, 2002 § § Court Below: Superior Court § of the State of Delaware in and § for Sussex County § Cr. ID NO. 0107003212 § § Submitted: September 4, 2002 Decided: September 23, 2002 Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices. ORDER This 23rd day of September 2002 upon consideration of the briefs of the parties it appears to the Court that: (1) The appellant, Christopher Toth ( Toth ), appeals from his conviction in the Superior Court of assault third degree. His sole contention on appeal is that the State was permitted to present improper rebuttal evidence involving a prior altercation between Toth and the victim of the assault. Toth has neglected to provide a full transcript of the trial proceedings to permit this Court to fully evaluate his claim as required by Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). Nonetheless based on the record evidence before us, we conclude that the State s use of the prior confrontation was proper rebuttal. The disputed evidence was not collateral to Toth s defense that the assault resulted from a spontaneous encounter with the victim. Accordingly, we affirm the conviction. 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
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
