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MARTIN v. STATE

No. 4749.

623 P.2d 1225 (1981)

Joseph Henry MARTIN, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

February 27, 1981.

Attorney(s) appearing for the Case

Sue Ellen Tatter, Asst. Public Defender, Brian Shortell, Public Defender, Anchorage, for appellant.

Barry J. Stern, Asst. Atty. Gen., Daniel W. Hickey, Chief Pros., Avrum M. Gross, Atty. Gen., Juneau, for appellee.

Before RABINOWITZ, C.J., CONNOR, BURKE and MATTHEWS, JJ., and DIMOND, Senior Justice.

OPINION

BURKE, Justice.

In State v. Sundberg, 611 P.2d 44, 50-53 (Alaska 1980), we held that the use of excessive force in effectuating an arrest did not require suppression of evidence thus obtained. The same issue is presented in the case at bar.

In the early morning hours of September 2, 1977, Joseph Henry Martin was observed by members of the Anchorage Police Department as he attempted to flee the scene...

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