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MOORE v. STATE

No. A-1343.

740 P.2d 472 (1987)

Gene F. MOORE, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

July 17, 1987.

Attorney(s) appearing for the Case

Teresa A. Hogan, Anchorage, for appellant.

James V. Gould, Asst. Atty. Gen., Office of Sp. Prosecutions and Appeals, Anchorage, and Ronald W. Lorensen, Acting Atty. Gen., Juneau, for appellee.

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

OPINION

BRYNER, Chief Judge.

Gene F. Moore was tried by jury on charges of receiving a bribe (AS 11.56.110(a)(2), first-degree theft (AS 11.46.120(a), perjury (AS 11.56.200), and scheme to defraud (AS 11.46.600(a)(2). Superior Court Judge Charles R. Tunley instructed the jury, over Moore's objection, that it could consider the crime of misapplication of property (AS 11.46.620) as a lesser-included offense of scheme to defraud. The jury acquitted Moore of...

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