Supreme Court of Delaware

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.