State v. Parks

OPINION

DIMOND, Justice.

Appellee was indicted for the crime of burglary. One witness had testified before *643'the grand jury — officer Bivens, an investigator for the Alaska State Police. While officer Bivens was testifying at the trial during the presentation of the state’s case in chief, appellee moved to dismiss the indictment on the ground that it was based solely on hearsay testimony, a fact that was conceded by the state. The trial court dismissed the indictment, stating that it did so “under the authority of the minority rule and the indications of the Supreme Court in the Merrill case and…