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HAWTHORNE v. STATE

No. 1481.

501 P.2d 155 (1972)

Herbert L. HAWTHORNE, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

September 25, 1972.

Attorney(s) appearing for the Case

David C. Backstrom, Asst. Public Defender, Fairbanks, Herbert D. Soll, Public Defender, Anchorage, for appellant.

Monroe N. Clayton, Dist. Atty., Fairbanks, for appellee.

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

CONNOR, Justice.

In this criminal appeal we are asked to determine whether (1) the trial court erred in refusing to give a jury instruction covering what appellant claims is a lesser included offense, and (2) the sentence imposed upon appellant was excessive.

At about midnight on the evening of October 6, 1970, Merlyn D. Wilson was walking toward the Sombrero Restaurant in Fairbanks, Alaska. As he approached the restaurant...

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