Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 5. Specific Offenses · Crimes and Criminal Procedure

11 Del. C. § 635

Murder in the second degree; class A felony

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A person is guilty of murder in the second degree when:

(1) The person recklessly causes the death of another person under circumstances which manifest a cruel, wicked and depraved indifference to human life; or

(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person, with criminal negligence, causes the death of another person.

Murder in the second degree is a class A felony.

11 Del. C. 1953, §  635;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  35;  67 Del. Laws, c. 130, §  8;  67 Del. Laws, c. 350, §  29;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 106, §  3;  74 Del. Laws, c. 246, §  1; 
Notes of Decisions
Cited in 36 cases (24 in the last 5 years), 1969–2026 · leading case: Fuentes v. State
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Fuentes v. State (1975) del · cites it 2× “2 The jury found the defendant guilty of murder in the second degree, 11 Del.C. § 635. 3 The sentence was life imprisonment.”
United States of America Ex Rel. Sidney J. Clark v. Raymond W. Anderson (1974) ca3 · cites it 3× “299, 11 Del.C. § 635 (1955), an embezzlement statute.”
State v. Clark (1970) del · cites it 3× “HERRMANN, Justice: In this embezzlement case, the Superior Court made a pre-trial ruling that the present embezzlement statute, being 11 Del.C. § 635, 1 is unconstitutional for vagueness; but that its predecessor § 635 2 stands unre-pealed and the indictment in this case states…”
Clark v. State (1972) del · cites it 2× “In March of 1969, a Grand Jury returned the indictment 1 upon which this case is based, charging a violation of 11 Del.C. § 635, as amended 50 Laws of Del.”
State v. Robinson (1969) del “§§ 541-544), embezzlement (11 Del.C. § 635), grand larceny (11 Del.C.”
Sheppard v. State (1976) del · cites it 2× “The defendant appeals her Superior Court conviction and life sentence, contending her guilty plea to second degree murder (11 Del.C. § 635) * was involuntary because motivated solely by fear of imposition of the then effective, but since held unconstitutional, mandatory death…”
United States Ex Rel. Clark v. Anderson (1973) ded · cites it 2× “55 between April 7, 1967 and February 28, 1968 in violation of 11 Del.C. § 635. Clark was sentenced on this charge on January 29, 1971 to serve a five year term of imprisonment.”
Garvey v. Phelps (2012) ded · cites it 3× “” See 11 Del.Code Ann. § 635 “Effects of Amendments” (2003).”
State v. Ford (2023) delsuperct · cites it 5× “12 11 Del. C. § 635. 5 the “inferred” theory of intent, citing the Delaware Supreme Court’s holding in Plass v.”
State v. Scott (2023) delsuperct · cites it 2× “§ 832(c); one count of Possession of a Firearm during the Commission of a Felony, 11 Del C.”
Ford v. State (2025) del · cites it 2× “at 20–21; see 11 Del. C. § 635(1). 23 State’s Answering Br.”
Kellam v. State (2025) del · cites it 2× “See 11 Del. C. § 635(2) (“A person is guilty of murder in the second degree when: .”
Show all 36 citing cases →
— 11 Del. C. § 635(1) — 8 cases
Ford v. State (2025) del “at 20–21; see 11 Del. C. § 635(1). 23 State’s Answering Br.”
State v. Robinson (2025) delsuperct
State v. Gomez (2022) delsuperct
State v. Ford (2023) delsuperct “12 11 Del. C. § 635. 5 the “inferred” theory of intent, citing the Delaware Supreme Court’s holding in Plass v.”
State v. Caudle (2023) delsuperct
— 11 Del. C. § 635(2) — 3 cases
Garvey v. Phelps (2012) ded “” See 11 Del.Code Ann. § 635 “Effects of Amendments” (2003).”
State v. Scott (2023) delsuperct “§ 832(c); one count of Possession of a Firearm during the Commission of a Felony, 11 Del C.”
Kellam v. State (2025) del “See 11 Del. C. § 635(2) (“A person is guilty of murder in the second degree when: .”
— 11 Del. C. § 635(a) — 1 case
Garvey v. Phelps (2012) ded “” See 11 Del.Code Ann. § 635 “Effects of Amendments” (2003).”
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