Supreme Court of Delaware
Banther v. State of Delaware, 45, 2004
Delaware's conspiracy and accomplice-liability statutes contain an "agreement" element, and defendant's acquittal for conspiracy precludes the State from arguing an accomplice-liability theory based on an agreement in a subsequent trial.
Appellate Information
- Decided 08/26/2005
- Published 08/26/2005
Judges
- STEELE, Chief Justice:, Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, Justices and LAMB, Vice Chancellor, constituting the court en banc.
Court
- Supreme Court of Delaware
Counsel
- For Appellant:
- Upon an appeal from the Superior Court. REVERSED and REMANDED., Edward C. Gill, Georgetown and Kevin M. Howard (argued), Young, Malmberg & Howard, Dover, for appellant.
- For Appellees:
- John Williams (argued) and Robert J. O'Neill, Jr., Department of Justice, Dover, for appellee.