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MacPHERSON v. STATE

No. 2266.

533 P.2d 1103 (1975)

Margaret MacPHERSON, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

March 27, 1975.

Attorney(s) appearing for the Case

Lawrence J. Kulik, Asst. Public Defender, Herbert D. Soll, Public Defender, Anchorage, for petitioner.

Louis E. Agi, Stephen G. Dunning, Asst. Dist. Attys., Joseph D. Balfe, Dist. Atty., Anchorage, Norman C. Gorsuch, Atty. Gen., Juneau, for respondent.

Before RABINOWITZ, Chief Justice, and CONNOR, ERWIN, BOOCHEVER and FITZGERALD, Justices.

OPINION

RABINOWITZ, Chief Justice.

This case presents difficult questions as to the circumstances under which a mistrial may be said to have been declared sua sponte by the trial judge and as to the impact of a court's sua sponte declaration of mistrial on the ability of the state to retry the defendant. Following two and one-half days of jury selection, MacPherson's trial for the sale of amphetamines commenced on August 14, 1973. During the abbreviated...

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