AVERY v. STATE

No. 1603.

514 P.2d 637 (1973)

David AVERY and James Lee Avery, Appellants, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

September 28, 1973.


Attorney(s) appearing for the Case

Herbert D. Soll, Public Defender, R. Collin Middleton, Deputy Public Defender, Lawrence J. Kulik, Alexander O. Bryner, Asst. Public Defenders, Anchorage, for appellants.

John E. Havelock, Atty. Gen., Daniel W. Hickey, Asst. Atty. Gen., Juneau, for appellee.

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


OPINION

RABINOWITZ, Chief Justice.

Appellants David Avery and James Lee Avery were jointly tried by jury on an indictment charging robbbery1 and two separate counts of shooting with intent to kill, wound or maim.2 The indictment arose out of a robbery of the Sabre Jet Liquor Store in Anchorage which occurred on January 21, 1971. The jury returned verdicts of guilty on the robbery count but were unable...

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