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VALENTINE v. STATE

No. 4124.

617 P.2d 751 (1980)

Albert S. VALENTINE, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

May 30, 1980.

Attorney(s) appearing for the Case

James E. Douglas, Offices of Fred J. Baxter, Juneau, for appellant.

Larry Weeks, Dist. Atty., Daniel W. Hickey, Chief Prosecutor, and Avrum M. Gross, Atty. Gen., Juneau, for appellee.

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

OPINION

RABINOWITZ, Chief Justice.

Albert Valentine appeals his conviction of manslaughter for the killing of nine-year-old Billy Evenson, his half-brother. The charge arose from an incident when Valentine was babysitting for his four younger siblings and a friend at their apartment in Juneau. Valentine accidentally knocked over a box, and one boy found their mother's old derringer. Everyone started playing with it; Valentine aimed the pistol at

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