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STATE v. PARKS

No. 858.

437 P.2d 642 (1968)

STATE of Alaska, Appellant, v. David Neil PARKS, Appellee.

Supreme Court of Alaska.

February 21, 1968.

Attorney(s) appearing for the Case

D.A. Burr, Atty. Gen., Juneau, Thomas E. Curran, Jr. and Robert N. Opland, Dist. Attys. and Russell J. Gallagher, Asst. Dist. Atty., Anchorage, for appellants.

William J. Bailey, Anchorage, for appellee.

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

OPINION

DIMOND, Justice.

Appellee was indicted for the crime of burglary. One witness had testified before the grand jury — officer Bivens, an investigator for the Alaska State Police. While officer Bivens was testifying at the trial during the presentation of the state's case in chief, appellee moved to dismiss the indictment on the ground that it was based solely on hearsay testimony, a fact that was conceded...

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