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BRACKHAN v. STATE

No. A-4014.

839 P.2d 414 (1992)

James D. BRACKHAN, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

October 2, 1992.

Attorney(s) appearing for the Case

David R. Weber, Asst. Public Defender, and John B. Salemi, Public Defender, Anchorage, for appellant.

Leroy K. Latt, Jr., Asst. Dist. Atty., Edward E. McNally, Dist. Atty., Anchorage, and Charles E. Cole, Atty. Gen., Juneau, for appellee.

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

OPINION

BRYNER, Chief Judge.

James Brackhan was convicted by a jury of theft in the fourth degree (theft of services). He appeals, challenging a number of jury instructions. We reverse.

Brackhan was charged with theft for failing to pay a $6 cab fare. The state's evidence at trial indicated that, after riding in a taxicab, Brackhan left without paying. In defense, Brackhan asserted that he had fled the cab...

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