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STATE v. GREEN

No. A-3236.

810 P.2d 1023 (1991)

STATE of Alaska, Appellant, v. Kevin Nelson GREEN, Appellee.

Court of Appeals of Alaska.

May 10, 1991.

Attorney(s) appearing for the Case

Nancy R. Simel, Asst. Atty. Gen., Office of Sp. Prosecutions and Appeals, Anchorage, and Douglas B. Baily, Atty. Gen., Juneau, for appellant.

James D. Gilmore and Eric A. Johnson, Gilmore & Feldman, Anchorage, for appellee.

Before BRYNER, C.J., COATS, J., and ANDREWS, Superior Court Judge.

OPINION

BRYNER, Chief Judge.

The state appeals Superior Court Judge Karl S. Johnstone's order dismissing an indictment that charged Kevin Nelson Green with second-degree murder, first-degree assault, and criminal nonsupport. We affirm.

On September 6, 1987, rescue workers responded to a report of a child who had stopped breathing. They found Green's three-month-old daughter dead. The circumstances were suspicious, since it appeared that Green's daughter...

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