State of Delaware, Plaintiff Below, Appellant v. David M. Hazelton, Defendant Below, Appellee

Summary

The Court held that the State did not elect to prosecute Hazelton in the Court of Common Pleas merely because the case was administratively transferred there and Hazelton was arraigned without an information. Applying the ordinary Rule 48(b) standard, the Court concluded that the State caused no unnecessary delay producing definable or measurable prejudice, so dismissal of the Superior Court indictment was an abuse of discretion. The judgment was reversed and remanded. Traynor, J., dissenting, would have affirmed because the State's conduct caused unnecessary delay and prejudice, including duplicative proceedings and Hazelton's courthouse arrest.