NIGHSWONGER v. STATE

No. 6497.

662 P.2d 445 (1983)

Joseph NIGHSWONGER, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

April 22, 1983.


Attorney(s) appearing for the Case

Susan Orlansky, Mary Treiber, Asst. Public Defenders, and Dana Fabe, Public Defender, Anchorage, for appellant.

John A. Scukanec, Asst. Atty. Gen., and Wilson L. Condon, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.


SINGLETON, Judge.

Joseph Nighswonger was convicted of robbery in the second degree, AS 11.41.510, and sentenced to six years' imprisonment. He appeals contending that the trial judge erred in ruling that the state could cross-examination his alibi witness on her prior assertion of the fifth amendment privilege. We agree and reverse.

On February 25, 1981, a man robbed Eddie's Liquor Store on the Old Seward Highway in Anchorage. The store clerk identified Nighswonger...

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