Supreme Court of Delaware

Conviction and sentence for assault in the first degree, possession of a firearm during the commission of a felony, and possession of a deadly weapon by a person prohibited are affirmed over claims that: 1) there was insufficient evidence presented at trial to establish, beyond a reasonable doubt, the elements of the charge of assault in the first degree; and 2) the trial judge committed plain error by prohibiting defendant from presenting his defense to the jury that the State had not established that he committed the offenses as charged in the indictment or any applicable lesser-included offenses.

Appellate Information

• Decided 07/19/2007
• Published 07/19/2007

Judges

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

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Andrew J. Witherell, Esquire, Wilmington, Delaware, for appellant.


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