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STATE v. SHELTON

No. 59.

368 P.2d 817 (1962)

STATE of Alaska, Appellant, v. Frank Matthew SHELTON, Appellee.

Supreme Court of Alaska.

Rehearing Denied February 28, 1962.

Attorney(s) appearing for the Case

William Taylor, Dist. Atty., Fairbanks, Robert C. Erwin, Dist. Atty, Nome, for appellant.

Charles E. Cole, Fairbanks, for appellee.

Before NESBETT, C.J., and DIMOND and AREND, JJ.

DIMOND, Justice.

Shelton was indicted and went to trial on a charge of second degree murder. At the close of the state's case he moved for a judgment of acquittal on the ground that the evidence was insufficient to sustain a conviction. The motion was denied. He then moved to dismiss the indictment on the ground that it was based on perjured testimony. This motion was granted, the indictment was dismissed, and the state has...

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