Nighswonger v. State

SINGLETON, Judge.

Joseph Nighswonger was convicted of robbery in the second degree, AS 11.41.510, and sentenced to six years’ imprisonment. He appeals contending that the trial judge erred in ruling that the state could cross-examination his alibi witness on her prior assertion of the fifth amendment privilege. We agree and reverse.

On February 25, 1981, a man robbed Eddie’s Liquor Store on the Old Seward Highway in Anchorage. The store clerk identified Nighswonger as the robber. Ni-ghswonger was subsequently charged with robbery in the second degree. The clerk testified that she recognized…