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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.
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