[Download] "James T. Pascua v. State Alaska" by Court Of Appeals Of Alaska # Book PDF Kindle ePub Free
eBook details
- Title: James T. Pascua v. State Alaska
- Author : Court Of Appeals Of Alaska
- Release Date : January 24, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
COATS, Judge. OPINION James T. Pascua was charged with murder in the first degree 1 for the shooting death of Edwin Pebenito. He was convicted at a jury trial of the lesser included offense of manslaughter 2 and was sentenced to serve two years in jail as a condition of a five-year suspended imposition of sentence. He has appealed his conviction to this court, contending that the trial court erred in admitting his inculpatory statements which were obtained as the result of a warrantless arrest in his home; that the trial court erred in not dismissing an indictment which the prosecutor allegedly obtained without presenting exculpatory evidence to the grand jury; that the trial court erred in failing to dismiss the indictment because the prosecutor presented hearsay evidence to the grand jury; and that his due process and equal protection rights under the Alaska Constitution were violated because the prosecutor proceeded by grand jury indictment instead of holding a previously scheduled preliminary hearing. We have reviewed these allegations of error and affirm Pascua's conviction. Pascua's first allegation of error, that his statements should be suppressed because they were obtained as a result of a warrantless arrest in his home, merits an extended Discussion. His other points on appeal will be disposed of summarily. 3 On March 15, 1979, a small group of cannery workers was socializing and drinking beer on the second floor of the King Crab Cannery bunkhouse in Kodiak. The defendant, James Pascua, was among those present. Shortly before 10:30 p.m., Edwin Pebenito returned to the bunkhouse from downtown and joined the group. It is undisputed that shortly after Edwin Pebenito arrived he was shot once by James Pascua. Pebenito then ran down to the main floor of the bunkhouse and was shot twice more by Pascua. Pascua then left the cannery.