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BOWERS v. STATE

No. S-8825.

2 P.3d 1215 (2000)

Timothy BOWERS, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

June 2, 2000.

Attorney(s) appearing for the Case

Marcia E. Holland, Assistant Public Defender, Fairbanks, and Barbara K. Brink, Public Defender, Anchorage, for Petitioner.

John A. Scukanec, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Respondent.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Near the shores of Deadman Lake, fifty miles west of Fairbanks, two intoxicated neighbors sharing a rustic hot tub had an argument that became violent. William Peacock testified that Timothy Bowers pointed a.44 magnum revolver at him and pulled the trigger. When the revolver "clicked" but did not fire, Bowers fetched a .22 caliber rifle, chambered a round, and fired into the air. Bowers was...

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