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MIDDLETON v. STATE

Nos. 3163 and 3302.

577 P.2d 1050 (1978)

Victoria MIDDLETON, Appellant, v. STATE of Alaska, Appellee. Carmen HESS, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

April 21, 1978.

Attorney(s) appearing for the Case

Thomas P. Blanton, Whiting, Blanton & Rosie, Fairbanks, for Middleton.

Robert Coats, Asst. Public Defender, Fairbanks and Brian Shortell, Public Defender, Anchorage, for Hess.

Richard J. Ray, James P. Doogan, Jr., Asst. Dist. Attys., Harry L. Davis, Dist. Atty., Fairbanks and Avrum M. Gross, Atty. Gen., Juneau, for appellee.

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

OPINION

BOOCHEVER, Chief Justice.

Carmen Hess and Victoria Middleton were jointly tried and convicted of the armed robbery of a liquor store.1 They separately appealed to this court claiming prejudicial joinder, in part, on the contention that each was effectively denied the protection of an accomplice instruction. Middleton additionally raises a question of illegal search and seizure in the taking from her wallet of a piece...

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