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MAHLE v. STATE

No. 433.

392 P.2d 19 (1964)

Gerald A. MAHLE, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

May 11, 1964.

Attorney(s) appearing for the Case

Russell E. Arnett, Anchorage, for appellant.

Robert C. Erwin, Dist. Atty., Leroy J. Barker, and Dorothy Awes Haaland, Asst. Dist. Attys., Anchorage, for appellee.

Before NESBETT, C.J., and DIMOND and AREND, JJ.

AREND, Justice.

Gerald A. Mahle, defendant below, appeals from his conviction of the crime of larceny in a building.1 He bases his appeal upon the refusal of the trial court to give a requested instruction to the jury on shoplifting as a lesser offense included within the crime of larceny in a building.

It was established at the trial that on May 30, 1963, in the late afternoon the manager of the Spenard Piggly Wiggly store, while...

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