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Gary W. Grace v. State Delaware

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eBook details

  • Title: Gary W. Grace v. State Delaware
  • Author : Supreme Court of Delaware
  • Release Date : January 05, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

VEASEY, CHIEF JUSTICE: In this appeal, we consider the contentions of defendant below-appellant Gary Grace (""Grace"") that: (1) the Superior Court erred in reading to the jury certain language contained in the statute relating to assault in the first degree for carjacking, 11 Del.C. § 613(a)(8)(e) (the ""carjacking injury statute""); and (2) the carjacking definition in 11 Del.C. § 222(2) (the ""carjacking definition"") is constitutionally void for vagueness. After reviewing the record and the applicable authorities, we find that the Superior Court did not err in reading the carjacking injury statute to the jury, and that the carjacking definition is not constitutionally void for vagueness. Grace also contends that since the carjacking injury statute permits conviction for assault in the first degree if the victim is injured ""intentionally or unintentionally,"" the statute is unconstitutional. Based upon our resolution of these two issues noted above in the context of the facts of this case, in which the trial Judge charged the jury that it must find Grace's acts to be intentional, we need not reach this contention that the carjacking statute is unconstitutional. Therefore, we AFFIRM the decision of the Superior Court.


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