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STORK v. STATE

No. 2708.

559 P.2d 99 (1977)

Edward STORK, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

January 26, 1977.

Attorney(s) appearing for the Case

Terry C. Aglietti, Edgar Paul Boyo & Associates, P.C., Anchorage, for appellant.

Glen C. Anderson, Asst. Dist. Atty., and Joseph D. Balfe, Dist. Atty., Anchorage, Avrum M. Gross, Atty. Gen., Juneau, for appellee.

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

OPINION

BURKE, Justice.

In this case, Edward Stork appeals his manslaughter conviction. The indictment which issued on April 18, 1975 charged Stork with killing his common law wife, Ethel, "by shooting her with a handgun." On August 18, 1975, a jury found Stork guilty of manslaughter, as defined by AS 11.15.040.1

The state presented to the jury the theory that Stork had killed his wife in the midst of a heated argument...

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