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STATE v. SILAS

No. 4237.

595 P.2d 651 (1979)

STATE of Alaska, Petitioner, v. Jack L. SILAS, Respondent.

Supreme Court of Alaska.

May 25, 1979.

Attorney(s) appearing for the Case

Thomas M. Jahnke, Asst. Dist. Atty., Harry L. Davis, Dist. Atty., Fairbanks, Avrum M. Gross, Atty. Gen., Juneau, for petitioner.

Patrick T. Brown of Rice, Hoppner, Hedland, Fleischer & Ingraham, Fairbanks, for respondent.

Before RABINOWITZ, C.J., and CONNOR, BOOCHEVER, BURKE and MATTHEWS, JJ.

OPINION

MATTHEWS, Justice.

Respondent Jack Silas is charged with assault with a dangerous weapon, a violation of AS 11.15.220.1 It is alleged that Silas pointed a loaded revolver at a person approaching his car and threatened to use it. Prior to trial, the state proposed a jury instruction to the court that would have defined assault with a dangerous weapon as including merely threatening another person with the weapon in a menacing...

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