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STATE v. THOMAS

No. 2234.

525 P.2d 1092 (1974)

STATE of Alaska, Appellant, v. Thomas E. THOMAS, Appellee.

Supreme Court of Alaska.

September 3, 1974.

Attorney(s) appearing for the Case

Norman C. Gorsuch, Atty. Gen., Juneau, Joseph D. Balfe, Dist. Atty., Stephen G. Dunning, W.H. Hawley, Asst. Dist. Attys., Anchorage, for appellant.

Herbert D. Soll, Public Defender, Phillip P. Weidner, Asst. Public Defender, Anchorage, for appellee.

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

OPINION

ERWIN, Justice.

This case involves an appeal by the state from a dismissal of an indictment. On March 18, 1974, a criminal complaint charging attempted rape was filed against appellee, Thomas E. Thomas. On March 21, the grand jury returned the following indictment charging the crime of attempted rape and citing the rape statute:1

... [O]n or about the 18th day of March...

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