Supreme Court of Delaware

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Cephas v. State of Delaware, 619, 2005

A conviction for second degree assault where the defendant was charged with assaulting a pregnant female is reversed for insufficiency of the evidence where: 1) on the record before the court, a doctor was not qualified to give an expert opinion about what constitutes pregnancy; and 2) the common meaning of the word pregnant does not include a condition in which a potentially cancerous mole, containing no fetal tissue, is growing inside a woman-s uterus.

Appellate Information

  • Decided 10/16/2006
  • Published 10/17/2006

Judges

  • BERGER, Justice., Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.

Court

  • Supreme Court of Delaware

Counsel

  • For Appellant:
  • Nicole M. Walker, Esquire, Office of the Public Defender, Wilmington, Delaware, for Appellant.

  • For Appellees:
  • Timothy J. Donovan, Jr., Esquire, Department of Justice, Wilmington, Delaware, for Appellee.
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