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STATE v. GIEFFELS

No. 2846.

554 P.2d 460 (1976)

STATE of Alaska, Appellant, v. Timothy Leroy GIEFFELS, Appellee.

Supreme Court of Alaska.

August 27, 1976.

Attorney(s) appearing for the Case

Avrum M. Gross, Atty. Gen., Juneau, Joseph D. Balfe, Dist. Atty., W.H. Hawley, Jr. and Ivan Lawner, Asst. Dist. Attys., Anchorage, for appellant.

Brian Shortell, Public Defender, Phillip P. Weidner, Asst. Public Defender, Anchorage, for appellee.

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

OPINION

ERWIN, Justice.

In this appeal we are presented with the question of whether the trial court properly dismissed the indictment brought against appellee Timothy Gieffels.1

On July 23, 1975, Gieffels was indicted for first degree murder and armed robbery. In a subsequent indictment dated August 23, 1975, Gieffels was charged on the alternative theory of felony murder. On February 2, 1976, the trial court dismissed...

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