EATON v. STATE

No. 223.

390 P.2d 218 (1964)

U.B. EATON, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

March 20, 1964.


Attorney(s) appearing for the Case

Fred D. Crane, Fairbanks, for appellant.

Herbert D. Soll, Dist. Atty., Stephen S. DeLisio, Asst. Dist. Atty., Fairbanks, for appellee.

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


AREND, Justice.

The appellant Eaton was tried for the murder of one Harril Barry, a Negro, and convicted of the included offense of manslaughter. The evidence produced by the state at the trial established the following facts: At about 9:30 o'clock on the evening of the alleged homicide, the appellant and Barry were present in a Fairbanks restaurant and poolroom known as the Fairbanks Recreation Center. There they became engaged in a fight in which Barry cut the appellant...

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