JACKSON v. STATE

No. 2721.

572 P.2d 87 (1977)

John JACKSON, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

December 2, 1977.


Attorney(s) appearing for the Case

John M. Murtagh, Barbara J. Miracle, Chris J. Rigos, Asst. Public Defenders, and Brian Shoretell, Public Defender, Anchorage, for appellant.

Geoffrey G. Currall, Dist. Atty., Ketchikan, Avrum M. Gross, Atty. Gen., Juneau, for appellee.

Ronald S. Matthew, Asst. Legal Officer, J.B. Ellis, II, District Legal Officer, Seventeenth Coast Guard Dist., Juneau, and G. Kent Edwards, U.S. Atty., Anchorage, for amicus United States.

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


RABINOWITZ, Justice.

This appeal presents the first impression question whether the Posse Comitatus Act1 applies to the United States Coast Guard.

John Jackson was indicted, by secret indictment, for the sale of cocaine to George Tellmann.2 At the time of his arrest, Jackson was in possession of another narcotic and was subsequently indicted for that possession. Jackson then filed a motion to dismiss...

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