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STATE v. ALOYSIUS

No. A-6793.

975 P.2d 1096 (1999)

STATE of Alaska, Appellant, v. John ALOYSIUS, Appellee.

Court of Appeals of Alaska.

February 19, 1999.

Attorney(s) appearing for the Case

Marcelle K. McDannel, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellant.

Michele Power, Angstman Law Office, Bethel, for Appellee.

Before COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

MANNHEIMER, Judge.

John Aloysius was indicted on several counts of third-degree assault. The superior court dismissed the indictment because of irregularities in the presentation of telephonic testimony to the grand jury and because the prosecutor excused the wrong two alternate grand jurors when reducing the grand jury panel to eighteen. The State concedes that these irregularities occurred, but the State argues that these errors (whether...

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