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FAJERIAK v. STATE

No. 794.

439 P.2d 783 (1968)

George FAJERIAK, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

April 1, 1968.

Attorney(s) appearing for the Case

Joseph L. Young and James D. Gilmore, Anchorage, Court-appointed counsel for appellant.

Robert N. Opland, Dist. Atty., and Leroy J. Barker, Asst. Dist. Atty., Anchorage, for appellee.

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

NESBETT, Chief Justice.

Appellant was convicted of the first degree murder of Anthony Rizzo upon the eye witness testimony of Dean Gamradt and James Benton.1 Appellant's defense, as outlined in his counsel's opening statement, was that Gamradt and Rizzo were both homosexuals who were strongly attracted to appellant and that Gamradt killed Rizzo because he was a competitor with Gamradt for the...

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