Legal Opinion

Marker v. State

Court of Appeals of Alaska

Decided December 28, 1984No. 7681PublishedCited by 15 opinions

1Opinion of the Court

OPINION

BRYNER, Chief Judge.

Charles Edward Marker was convicted, following a jury trial, of robbery in the second degree, in violation of AS 11.41.-510(a)(1). He appeals, contending that the trial court erred in refusing to give a lesser-included offense instruction on assault in the fourth degree, AS 11.41.230(a)(1). We conclude that, given the evidence presented in this ease, a lesser-included offense instruction was required. We therefore reverse.

On the evening of August 2, 1982, William Smart arrived in Anchorage from Hooper Bay. He had approximately $375 cash in a distinctive brown…

2Cases cited11 opinions

  1. People v. GeigerCalifornia Supreme Court · 1984
  2. United States v. Willie WhitakerCourt of Appeals for the D.C. Circuit · 1971
  3. United States v. Larry Burdette JohnsonCourt of Appeals for the Ninth Circuit · 1980
  4. Christie v. StateAlaska Supreme Court · 1978
  5. Elisovsky v. StateAlaska Supreme Court · 1979

6 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. State v. MeadorsNew Mexico Supreme Court · 1995
  2. Dresnek v. StateCourt of Appeals of Alaska · 1985
  3. Comeau v. StateCourt of Appeals of Alaska · 1988
  4. Blackhurst v. StateCourt of Appeals of Alaska · 1986
  5. Moore v. StateCourt of Appeals of Alaska · 1987

10 more not listed; retrieve them via the Exa API.

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