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KUZMIN v. STATE

No. A-1444.

725 P.2d 721 (1986)

Peter KUZMIN, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

September 19, 1986.

Attorney(s) appearing for the Case

Paul Malin, Asst. Public Defender, and Dana Fabe, Public Defender, Anchorage, for appellant.

Valerie Van Brocklin, Asst. Dist. Atty., and Victor C. Krumm, Dist. Atty., Anchorage, and Harold M. Brown, Atty. Gen., Juneau, for appellee.

Before COATS and SINGLETON, JJ., and STEWART, District Court Judge.

OPINION

STEWART, District Judge.

Peter Kuzmin was charged with commercial fishing during a closed period, in violation of 5 AAC 24.310(a). Prior to trial, the state gave notice of its intent to try Kuzmin under two theories of liability: negligence and strict liability. Over Kuzmin's objection, the court instructed the jury that it could convict Kuzmin of a misdemeanor if Kuzmin had in fact commercially fished on the date alleged in closed waters and had...

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