Foster v. State

Alaska Supreme Court
Foster v. State, 500 P.2d 246 (Alaska 1972)
1972 Alas. LEXIS 188
Boney, Booch, Boochever, Connor, Erwin, Ever, Rabino, Witz

Foster v. State

Concurring Opinion

BOOCHEVER, Justice

(concurring).

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

Opinion of the Court

OPINION

Before BONEY, C. J., and RABINO-WITZ, CONNOR, ERWIN and BOOCH-EVER, JJ. 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.

Dissenting Opinion

ERWIN, Justice

(dissenting).

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

Reference

Full Case Name
Michael C. FOSTER v. STATE of Alaska
Status
Published