Foster v. State

Full title: MICHAEL C. FOSTER, APPELLANT, v. STATE OF ALASKA, APPELLEE

Court: Supreme Court of Alaska

Date published: Aug 11, 1972

500 P.2d 246 (Alaska 1972)

Opinion

No. 1473.

August 11, 1972.

Appeal from the Superior Court, Fourth Judicial District, Fairbanks, Warren Wm. Taylor, J.

Herbert D. Soll, Public Defender, Meredith A. Wagstaff, Lawrence J. Kulik, Asst. Public Defenders, Anchorage, for appellant.

John E. Havelock, Atty. Gen., Juneau, Monroe N. Clayton, Dist. Atty., Fairbanks, for appellee.

Before BONEY, C.J., and RABINOWITZ, CONNOR, ERWIN and BOOCHEVER, JJ.

OPINION

PER CURIAM.

This case is one of the series of drug cases which were presented to the grand jury in Fairbanks at the same time as the cases of Burkholder v. State, 491 P.2d 754 (Alaska 1971), and Taggard v. State, 500 P.2d 238 (Alaska, August 11, 1972). The decision herein is controlled by the opinions filed in Burkholder and Taggard. The only witness to appear before the grand jury in this case was a police officer who testified that an unidentified informant had purchased narcotic drugs from appellant and had witnessed a third sale. No evidence concerning the informant's credibility was presented. The conviction is reversed, and this case is remanded for further proceedings.

BOOCHEVER, Justice (concurring).

I concur for the reasons stated in my concurring opinion in Taggard v. State, supra.

ERWIN, Justice (dissenting).

I dissent for the reasons stated in my dissenting opinion in Taggard v. State, supra.