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ANCHORAGE v. COOK

No. 3914.

598 P.2d 939 (1979)

ANCHORAGE, A Municipal Corporation, Appellant, v. John Wesley COOK, Appellee.

Supreme Court of Alaska.

August 17, 1979.

Attorney(s) appearing for the Case

Allen M. Bailey, Municipal Prosecutor, Theodore D. Berns, Municipal Atty., Anchorage, for appellant.

Paul C. O'Connell, Kennelly & Azar, Anchorage, for appellee.

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

OPINION

BURKE, Justice.

A little after midnight on April 3, 1977, Officer Stiehm of the Anchorage Police Department was dispatched to investigate a possible automobile accident in a parking lot at the corner of 3rd and C in downtown Anchorage. In the parking lot he observed an automobile with its front bumper "hung up" on a guardrail. The car's engine was not running but its headlights were on. The key was in the ignition switch in the "on" position. John...

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