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eBook details

• Title: Tyrone Lee Johnson v. State Delaware
• Author : Supreme Court of Delaware
• Release Date : January 05, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

The opinion in this case dated January 11, 1990, which was released after argument before a panel of three Justices and which
affirmed Tyrone Johnson's convictions, is withdrawn. The following opinion of the Court en banc is substituted. Johnson appeals his convictions in Superior Court for possession of a controlled substance with the intent to deliver and
conspiracy in the second degree, in violation of 16 Del.C. § 4751(a) 1 and 11 Del.C. § 512. 2 He
was convicted of these charges following a jury trial on February 11, 1988. He raises three contentions on appeal. First,
he argues that the trial court erred in denying a motion for a mistrial when it became evident that a prosecution witness
was not telling the truth during testimony. Secondly, he asserts that testimony regarding his out-of-court identification
by an undisclosed informant was inadmissible hearsay and that its admission into evidence was reversible error. Finally,
he contends that the trial Judge should have instructed the jury that a defense under Wharton's Rule, as codified in 11 Del.C.
§ 521(c), 3 existed for the conspiracy charge. After hearing oral argument and reviewing the record and the briefs,
we affirm the decision of the Superior Court.

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