Galliao v. State

Citations

• 30 Del. 488
• 7 Boyce 488
• 108 A. 279
• 1919 Del. LEXIS 63

Syllabus

<p>Criminal Law—Discharge on Delay by State on Appeal.</p> <p>Defendant appealing, on conviction in the municipal court, to the Court of General Sessions, as entitled to under Const, art. 4, § 30, in view of the severity of sentence, but being still in custody because of inability to give a supersedas bond, is entitled to discharge from custody under such sentence, on the state being unable to proceed at the second term after the appeal, though the state, while not entitled to further continuance, may have the case retired for the present, but defendant will not be discharged from any other sentence which he is serving.</p>