McCoy v. State

Citation59 Del. 238,217 A.2d 496
Parties, 59 Del. 238 Francis McCOY, Jr., Defendant Below, Appellant, v. The STATE of Delaware, Appellee.
Decision Date01 March 1966
CourtUnited States State Supreme Court of Delaware

James F. Kipp, Asst. Public Defender, for appellant.

Merrill Trader, Deputy Atty. Gen., for appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

CAREY, Justice.

The defendant has appealed from an order of the Superior Court which declined to reverse a ruling of the Court of Common Pleas of Kent County. The only question presently for consideration is whether this Court has jurisdiction to entertain this appeal.

On December 18, 1963, the defendant entered a plea of guilty to a charge of being drunk on a highway in violation of T. 11 Del.C. § 611. The Court of Common Pleas imposed a sentence of two days imprisonment and five additional days for non-payment of costs. Because defendant had already been in custody for seven days awaiting the hearing, he was immediately released, pursuant to T. 11 Del.C. § 3902(b).

At the time this case arose, defendant was free on parole on a conviction of a felony. Because of his plea in this case, his parole was promptly revoked by the Parole Board and he is still incarcerated on the felony charge. On June 30, 1965 (about eighteen months after revocation of the parole) defendant applied to the Court of Common Pleas for permission to withdraw his plea of guilty herein. The request was denied, whereupon he appealed to the Superior Court, which declined to reverse the action of the trial Court. He then filed the present appeal. The Public Defender was asked to argue the matter before us.

The right to a review by this Court exists only when and to the extent provided in the Constitution and laws of this State. Casey v. Southern Corp., 26 Del.Ch. 447, 29 A.2d 174; Short v. State, Del., 181 A.2d 225. The provision of our Constitution, Del.C.Ann., here pertinent is Article 4, § 11(1)(b) which reads as follows:

'(1)(b) To receive appeals from the Superior Court in criminal causes, upon application of the accused in all cases in which the sentence shall be death, imprisonment exceeding one month, or fine exceeding One Hundred Dollars, and in such other cases as shall be provided by law; and to determine finally all matters of appeal on the judgments and proceedings of said Superior Court in criminal causes: Provided, however, that appeals from the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution...

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6 cases
  • Shoemaker v. State
    • United States
    • United States State Supreme Court of Delaware
    • 13 May 1977
    ...to . . . (appellate review) exists only when and to the extent provided in the Constitution and laws of this State." McCoy v. State, Del.Supr., 217 A.2d 496, 497 (1966). The mere presence of a constitutional question, no matter how important, is not sufficient to confer jurisdiction upon th......
  • State v. Bailey
    • United States
    • United States State Supreme Court of Delaware
    • 20 January 1987
    ...278 A.2d 324 (1971). The appellate jurisdiction of the Court must be statutorily or constitutionally conferred. McCoy v. State, 59 Del. (9 Storey) 238, 217 A.2d 496, 497 (1966). Absent such authority, review will be denied despite the presence of an important question. Shoemaker v. State, D......
  • Marker v. State
    • United States
    • United States State Supreme Court of Delaware
    • 7 September 1982
    ...to review by this Court exists only when and to the extent provided in the Constitution and the laws of this State." McCoy v. State, Del.Supr., 217 A.2d 496, 497 (1966); Shoemaker v. State, Del.Supr., 375 A.2d 431 (1977). This Court's criminal appeal jurisdiction is constitutionally limited......
  • Family Court v. Alexander
    • United States
    • United States State Supreme Court of Delaware
    • 10 December 1986
    ...a continuing controversy. The appellate jurisdiction of this Court must be statutorily or constitutionally conferred. McCoy v. State, 59 Del. 238, 217 A.2d 496, 497 (1966). Absent such authority, review will be denied despite the presence of an important legal question. Shoemaker v. State, ......
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