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WARNER v. STATE

Nos. 1629, 1637.

508 P.2d 525 (1973)

Ellis WARNER and Timothy Johnson, Appellants, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

April 13, 1973.

Attorney(s) appearing for the Case

Herbert D. Soll, Public Defender, Lawrence J. Kulik, Susan Burke, Asst. Public Defenders, Anchorage, for appellants.

John E. Havelock, Atty. Gen., Juneau, Monroe N. Clayton, Dist. Atty., James M. Hackett, Asst. Dist. Atty., Fairbanks, for appellee.

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

PER CURIAM.

The single issue raised in these consolidated appeals is whether an alibi instruction must be given in a case where the facts support the request for such an instruction and where one is requested in the trial court. This court answered that question affirmatively in the case of Ferguson v. State,1 some five weeks before the trial of these cases. Unfortunately, Ferguson was not cited to the trial court by appellants...

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