State v. George

OPINION

The State of Alaska appeals from the superior court’s dismissal of an indictment in which appellee Marvin George was charged with the crime of burglary not in a dwelling. 1

In the superior court George moved to dismiss the indictment on the ground that it was based on insufficient evidence. At the time the motion came before the court for hearing, counsel for the state requested a two-day continuance in order to permit the filing of a memorandum in opposition to appellee’s dismissal motion. 2 The state’s motion for a two-day continuance was denied and appellee’s motion to dismiss the…