David A. Dutton v. State Delaware

QUILLEN, Justice: On March 22, 1978, the defendant, David A. Dutton, was charged by indictment with Murder in the First Degree for intentionally causing the death of Susan Spahn, on or about November 6, 1976. 1 Defendant was initially tried before a jury in the Superior Court in the fall of 1978. Due to the jury's inability to reach a verdict, however, a mistrial was declared. Defendant was subsequently retried before a jury in the Superior Court in early 1979. After several weeks of testimony, the jury convicted the defendant of the offense charged. From his conviction and subsequent sentencing to life imprisonment, the defendant appeals. We turn initially to the pertinent facts.