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ALPIAK v. STATE

No. 3834.

581 P.2d 664 (1978)

Oscar John ALPIAK, Jr., Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

July 28, 1978.

Attorney(s) appearing for the Case

Dana Fabe, Asst. Public Defender, and Brian C. Shortell, Public Defender, Anchorage, for appellant.

Richard J. Ray, Asst. Dist. Atty., Kodiak, Joseph D. Balfe, Dist. Atty., Anchorage, and Avrum M. Gross, Atty. Gen., Juneau, for appellee.

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

OPINION

RABINOWITZ, Justice.

After over twelve hours of heavy drinking, appellant Oscar Alpiak was positioned with a shotgun on the strand between Old Karluk and New Karluk in the early morning hours of August 21, 1977. Alpiak's cousin, Theodore Ambrosia, and Ambrosia's fiancee, Eunice Naumoff, were walking along the trail toward New Karluk at about 2:30 a.m. Suddenly, Alpiak came toward the couple and shot Ambrosia in the upper right quadrant of his chest...

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