MARKS v. STATE

No. 1414.

496 P.2d 66 (1972)

Nelson Patrick MARKS, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

April 21, 1972.


Attorney(s) appearing for the Case

Herbert D. Soll, Public Defender, Meredith A. Wagstaff and Lawrence J. Kulik, Asst. Public Defenders, Anchorage, for appellant.

John E. Havelock, Atty. Gen., Juneau, Seaborn J. Buckalew, Dist. Atty., Robert L. Eastaugh, Asst. Dist. Atty., Anchorage, for appellee.

Before BONEY, C.J., and RABINOWITZ, CONNOR, ERWIN and BOOCHEVER, JJ.


OPINION

ERWIN, Justice.

Appellant has been sentenced to an eighteen-month term of imprisonment for the sale of a hallucinogenic drug in violation of AS 17.12.010. Prior to his trial appellant moved for dismissal of the criminal proceedings against him, arguing that dismissal was constitutionally mandated because eight months had elapsed between the occurrence of the alleged sale and the filing of the indictment. The denial of that pre-trial motion provides...

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