Majority
p. 143State v. Thomas Howard, alias William Clark. (November 17, 1931.) Pennewill, C. J., Harrington and Richards, J. J., sitting.
p. 144Court of Oyer and Terminer for New Castle County, November Term, 1931. Indictment for rape, No. 74,
Reuben Satterthwaite, Attorney-General, Charles F. Richards and David J. Reinhardt, Jr., Deputy Attorneys-General, for the State.
Ellwood F. Melson and Louis L. Redding for the de- • fendant.
The contention of the defendant’s
attorney may be in conformity with the trend of recent authority; but we cannot disregard a decision in our own state which seems to be directly in point. State v. Turner, Housh Cr. Cas. 76.
The objection of the State is, therefore, sustained.