Hines v. Delaware
Annotate this CaseDefendant Alvin Hines was indicted by grand jury on: (1) Possession of a Weapon with a Removed, Obliterated or Altered Serial Number (the “Serial Number Charge”), (2) Possession of a Firearm While Under the Influence (the “Drug Charge”), and (3) Discharging a Firearm on a Street. Following a two-day jury trial, the jury returned guilty verdicts on the first two counts. Hines was sentenced to three years at Level 5, suspended for one year at Level 2 for the Serial Number Charge and to one year at Level 5, suspended for one year at Level 2 for the Drug Charge. During his trial, Hines moved for judgment of acquittal on the Serial Number Charge following the State’s case-in-chief. The trial court denied Hines’ motion. Hines argued the superior court erred in denying his motion because the evidence was insufficient to show that he knew that the firearm at issue had an obliterated serial number. To this, the Delaware Supreme Court found the argument lacked merit: at least two police officers testified that someone holding that firearm would know its serial number had been removed. Therefore, the Court found sufficient evidence existed for the jury to infer that Hines knew about the obliterated serial number, and affirmed the superior court denial of his motion for judgment of acquittal.
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