STATE v. MINANO

No. S-736.

710 P.2d 1013 (1985)

STATE of Alaska, Petitioner, v. Kenneth L. MINANO and Timothy Lord, Respondents.

Supreme Court of Alaska.

December 27, 1985.


Attorney(s) appearing for the Case

David Mannheimer, Asst. Atty. Gen., Anchorage, Norman C. Gorsuch, Atty. Gen., Juneau, for petitioner.

James Hackett, Fairbanks, for respondent Kenneth L. Minano. Carol Greenberg, Asst. Public Defender, Fairbanks, Dana Fabe, Public Defender, Anchorage, for respondent Timothy Lord.

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


OPINION

MATTHEWS, Justice.

Alaska Crim.R. 31(c) authorizes a jury to convict a defendant of any lesser offense which is "necessarily included in the offense charged."1 The question in this case is whether a jury may also convict a defendant of offenses which are related to the crime charged, but which are not necessarily included therein. We answer this question in the negative.

I. FACTS

We take the facts from...

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