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WIDERMYRE v. STATE

No. 969.

452 P.2d 885 (1969)

James Calvin WIDERMYRE, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

March 7, 1969.

Attorney(s) appearing for the Case

Clifford J. Groh, Anchorage, for appellant.

Douglas B. Baily, Dist. Atty., Anchorage, for appellee.

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

OPINION

RABINOWITZ, Justice.

This appeal primarily concerns the superior court's denial of appellant's second motion for post conviction relief under Criminal Rule 35(b).1 In part, Criminal Rule 35(b) provided that:

Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the State District Attorney, grant...

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