CHAPTER 146

AN ACT PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE 4 OF THE CONSTITUTION RELATING TO JURISDICTION OF THE SUPREME COURT IN CRIMINAL CASES.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each branch concurring therein):

Section 1. § 11, Article 4 of the Constitution of the State of Delaware is amended by adding a new subsection 1 (c) as follows:

1 (c) To receive appeals on behalf of the State in criminal cases from such inferior courts over which the Supreme Court otherwise has jurisdiction on appeals by the accused in the following categories.

(i) Appeals as of right shall be permitted as provided by law where the lower court has ruled adversely to the State on the validity or construction of a statute upon which an indictment or information is based, or where the lower court has determined that it lacks jurisdiction over the person or the subject matter; or

(ii) Discretionary appeals of other substantial questions Of law or procedure which shall be permitted by law provided that the appeal shall not affect the rights of the defendant.

() Cross appeals in such manner as shall be provided by law where the accused has appealed to the Supreme Court.