A person can be found guilty of a weapons offense under § 1447A even if the weapon is not used during the commission of the felony. Poli v. State, 418 A.2d 985, 987 (Del. 1980). Here, during petitioner's trial, one of the employees who pursued petitioner out into the parking lot testified that petitioner said he had a gun, threatened to shoot the employee, and then reached into his pocket and produced what the employee believed to be a revolver.
He contends that, as a matter of law, a "concealed" weapon is not in plain view. See, e.g., Upshur v. State, Del.Supr., 420 A.2d 165, 168 (1980); Poli v. State, Del.Supr., 418 A.2d 985, 987 (1980). Courts in a majority of other jurisdictions have held that concealment means hidden from "ordinary observation.
See Murray v. District of Columbia, D.C.App., 358 A.2d 651, 653 (1976). Cf. Poli v. State, Del.Supr., 418 A.2d 985, 987 (1980) (remedial instruction can correct prior error in instruction); State v. Liberty, Me.Supr., 478 A.2d 1112, 1116-17 (1984) (same); State v. Inman, Me.Supr., 350 A.2d 582, 588-89 (1976) (same); Commonwealth v. Lopez, 455 Pa. 353, 318 A.2d 334, 337 (1974) (same). The trial court's instructions to the jury will not serve as grounds for reversible error if they are "reasonably informative and not misleading, judged by common practices and standards of verbal communication."
On the contrary, it would seem that the arresting officer was the most appropriate person to interview defendant and that until the search and seizure was completed and return made, any interview would have been premature. See Poli v. State, Del.Supr., 418 A.2d 985, 987 (1980). Because defendant was not taken to the committing magistrate until sometime after 9:00 p.m. and before midnight, he urges this added delay as a further basis for applying the exclusionary rule to his statement obtained about 7:00 p.m.
Upshur v. State, Del.Supr., 420 A.2d 165, 169 (1980); Poli v. State, Del.Supr., 418 A.2d 985 (1980). See Del. C.rim. Code Comm. 16 (1973).
Hence, defendant's statement was properly admissible. Poli v. State, Del.Supr., 418 A.2d 985 (1980). * * *
Id. at 302.Admissibility of confession or other statement made by defendant as affected by delay in arraignment — modern state cases, 28 A.L.R. 4th 1121 (West 2010); see also Wright v. State, 633 A.2d 329 (Del. 1993); Poli v. State, 418 A.2d 985 (Del. 1980); Fullman v. State, 389 A.2d 1292 (Del. 1978) rev'd on other grounds, Davis v. State, 400 A.2d 292 (Del. 1979)).Fullman, 389 A.2d at 1298.