Legal Opinion
State v. Burden
Court of Appeals of Alaska
Decided December 12, 1997No. A-6184PublishedCited by 5 opinions
1Opinion of the Court
OPINION
MANNHEIMER, Judge.
William Burden acted as the go-between in a cocaine sale; he was indicted for third-degree misconduct involving a controlled substance (delivery of cocaine), AS 11.71.030(a)(1). Following his indictment, Burden sought dismissal of the charge. Burden pointed out that, although a purchaser of illegal drugs can be prosecuted for possession, Alaska law specifically precludes the State from charging the purchaser with sale or delivery (a higher degree of crime) under the theory that the purchaser acted as the accomplice of the seller. See AS 11.16.120(b)(2), discussed in…
2Cases cited32 opinions
- Gebardi v. United StatesSupreme Court of the United States · 1932
- People v. EdwardsCalifornia Supreme Court · 1985
- State v. LottSupreme Court of Iowa · 1977
- United States v. Jesse Collins, United States of America v. Leon HammondsCourt of Appeals for the Eighth Circuit · 1977
- United States v. Russell PruittCourt of Appeals for the Eighth Circuit · 1974
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3Cited by5 opinions
- State v. AllenSupreme Court of Iowa · 2001
- Avila v. StateCourt of Appeals of Alaska · 2001
- Parrott v. Municipality of AnchorageCourt of Appeals of Alaska · 2003
- Cogdill v. StateCourt of Appeals of Alaska · 2004
- State v. AllenSupreme Court of Iowa · 2001