Alto v. State

OPINION

BURKE, Justice.

After a non-jury trial in the superior court, Frank Augie Alto was adjudged guilty of rape, 1 grand larceny 2 and murder in the first degree. 3 Following the imposition of sentence, Alto filed timely notice of appeal.

The broad issues presented by this appeal are as follows:

1. Did the superior court err in finding appellant guilty of rape?

2. Did the superior court err in finding appellant guilty of murder and larceny, in view of the evidence of mental disease or defect excluding criminal responsibility under AS 12.45.083?

According to the undisputed testimony at trial,…