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SWAIN v. STATE

No. A-2913.

817 P.2d 927 (1991)

Swanee F. SWAIN, Appellant, v. STATE of Alaska, Appellee. Mark C. ELLIS, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

September 20, 1991.

Attorney(s) appearing for the Case

Rex Lamont Butler, Anchorage, for appellant Swain.

Steven E. Sumida, Law Offices of John C. Pharr, Anchorage, for appellant Ellis.

Shelley K. Chaffin, Asst. Atty. Gen., Office of Sp. Prosecutions and Appeals, Anchorage, and Charles E. Cole, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., and COATS, J., and ANDREWS, Superior Court Judge.

OPINION

BRYNER, Chief Judge.

Swanee F. Swain and Mark C. Ellis were convicted by a jury of robbery in the first degree, burglary in the first degree, and assault in the third degree. They moved for a new trial, alleging misconduct by one of their jurors. Superior Court Judge Beverly W. Cutler denied the motion. On appeal, Swain and Ellis contend that the court erred in failing to order a mistrial. We remand.

The state's evidence at trial indicated...

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