Smaker v. State

OPINION

BRYNER, Chief Judge.

Clifton Douglas Smaker was convicted, after a jury trial, of assault in the third degree. AS 11.41.220(a)(1). He appeals, contending that the trial court erred in refusing to allow him to call a defense witness whose name was not disclosed at jury voir dire. We reverse.

At the time of the alleged assault, around 3:00 p.m. on July 7, 1983, both Smaker and the victim, Grafton Solomon, were working in Fort Yukon’s new city building. According to Solomon, Smaker entered the city dispatch room, where Solomon was working, and in the midst of a verbal altercation stepped…