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BALENTINE v. STATE

No. A-381.

707 P.2d 922 (1985)

John B. BALENTINE, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

October 17, 1985.

Attorney(s) appearing for the Case

Sen K. Tan, Asst. Public Defender, and Dana Fabe, Public Defender, Anchorage, for appellant.

Cynthia M. Hora, Asst. Atty. Gen., Anchorage, and Norman C. Gorsuch, Atty. Gen., Juneau, for appellee.

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

OPINION

COATS, Judge.

Johnny B. Balentine was indicted for first-degree murder, AS 11.41.100(a)(1), and convicted of second-degree murder after a jury trial. AS 11.41.110. At trial, Balentine admitted shooting John Wortham. He claimed, however, that he had done so in self-defense.

Balentine raises four issues on appeal. First, he contends the hearsay statement of a witness to the shooting who was unavailable at trial should have been allowed into...

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