Spencer v. State
Alaska Court of Appeals
164 P.3d 649 (2007)
- Written by Sean Carroll, JD
Facts
Komson Spencer (defendant) was charged with a crime. At Spencer’s trial, Nathaniel Ahsoak was called to testify. While Ahsoak was testifying, the prosecutor (plaintiff) smelled alcohol on Ahsoak’s breath. Ahsoak admitted to being intoxicated and stated that half the time he was unable to tell the truth when in that state. The trial judge found that Ahsoak’s testimony was coherent. Spencer was convicted, and he appealed, arguing that all Ahsoak’s testimony should be struck from the record on the ground that he was intoxicated and thus incompetent to testify.
Rule of Law
Issue
Holding and Reasoning ()
Concurrence (Mannheimer, J.)
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