(Download) "Francis Cox v. State Alaska" by Supreme Court of Alaska * eBook PDF Kindle ePub Free
eBook details
- Title: Francis Cox v. State Alaska
- Author : Supreme Court of Alaska
- Release Date : January 17, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
RABINOWITZ, Justice. OPINION. After trial by jury Francis Cox was found guilty of the crime of assault with intent to rape. Subsequent to his indictment but prior to trial, Cox moved to suppress an anticipated in-court identification by a witness, Jonathan Ramey, on the ground that it was prejudicially tainted. That motion was denied, and the case proceeded to trial. Mistaken identity and alibi were Coxs main defenses. Shortly after the jury retired to commence their deliberations, they requested a playback of the court tape recording of two alibi witnesses testimony. The trial court denied the request at that time. The record indicates that no communication by the court was made to either counsel or Francis Cox regarding the jurys request to listen to a playback of two alibi witnesses testimony until after the verdict had been returned and filed. After Coxs trial counsel subsequently discovered the jury request and the trial courts communication to the jury, he submitted a motion for new trial, based in part on these events. The motion was denied and Cox was then sentenced to the maximum penalty, 15 years imprisonment, to be served consecutively to a prior sentence in Kentucky on which Cox had been paroled. This appeal followed.
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