[Download] "Frank Cole Whalen v. State Delaware" by Supreme Court of Delaware # eBook PDF Kindle ePub Free
eBook details
- Title: Frank Cole Whalen v. State Delaware
- Author : Supreme Court of Delaware
- Release Date : January 15, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 89 KB
Description
The defendant, Frank Cole Whalen, Jr., was indicted, tried and convicted by a Superior Court jury of Murder First Degree (11 Del.C. § 636(a)(2)), Rape First Degree (11 Del.C. § 764(1)), and Burglary First Degree (11 Del.C. § 826(2)). 1 Following his conviction of Murder First Degree a separate penalty hearing was held pursuant to 11 Del.C. § 4209. The jury recommended the death penalty. The Trial Judge accepted this recommendation and imposed the death penalty on the murder conviction together with separate sentences on the convictions of rape and burglary. Defendant appeals his convictions and the imposition of the death penalty. Multiple errors are asserted by defendant which will be considered seriatim. Briefly stated, the charges against defendant arose out of the rape and murder by strangulation of Elva D. Kemp shortly after 10:00 P.M. in the evening of August 27, 1977. Mrs. Kemp was a petite five feet four, seventy-five pound lady ninety-three years of age. The attack occurred in the Kemp home at Clayton, Delaware, where Mrs. Kemp and her ninety-three year old blind, and almost totally deaf, invalid husband were sleeping peacefully in their bedroom.