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WESTON v. STATE

No. 5734.

682 P.2d 1119 (1984)

Miller Z. WESTON, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

May 18, 1984.

Attorney(s) appearing for the Case

Christine Schleuss, Asst. Public Defender, Anchorage, W. Grant Callow, II, Asst. Public Defender, Anchorage, Dana Fabe, Public Defender, Anchorage, for petitioner.

Charles M. Merriner, Asst. Atty. Gen., Anchorage, Norman C. Gorsuch, Atty. Gen., Juneau, for respondent.

Before BURKE, C.J., and RABINOWITZ, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

MATTHEWS, Justice.

This petition for hearing concerns the question of whether Miller Weston was improperly denied an instruction on self-defense as justification to the murder charge for which he was convicted. The court of appeals upheld Weston's conviction, ruling that any error was harmless. We reverse and order a new trial.

I. THE FACTS

On June 9, 1980, Miller Weston killed Donald Ahsoak in Barrow, Alaska. Weston is 5'7" tall...

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