Sally Christy, Also Known as Marion Robertson v. United States

Good Law
17 Alaska 107·261 F.2d 357
United States Court of Appeals for the Ninth CircuitJanuary 28, 195915970_1California1,318 words

Opinion

Opinion

Denman, J.

Sally Christy, hereafter appellant, was tried by jury in the District Court for the Territory of Alaska and found guilty of a single count in violation of § 65-9-10, Alaska Laws Annotated 1949 (hereafter A.C.L.A.). She was sentenced to 18 months’ imprisonment. She urges on this appeal that the lower court erred in admitting certain evidence and in instructing and failing to instruct the jury on certain matters.

The following facts were uncontra-dicted. At 2:00 A.M. on the night of April 2, 1957, appellant was sitting in a taxicab in front of the Silver Dollar Bar in Fairbanks, Alaska. Three soldiers, Robinson, Akervik and McCraw, left the Silver Dollar Bar and engaged the cab occupied by appellant to take them back to their Army post. Robinson got in the back seat with appellant and Akervik and McCraw sat in front and the cab started toward camp.

Robinson testified that he had participated in the charged crime as the cab proceeded. Being an accomplice the Alaska Law required corroboration.

Section 66-13-59 of A.C.L.A., 1949, is as follows:

As stated by the District Court of Alaska in 1948, in United States v. Farwell, 76 F.Supp. 35 at page 39:

In 1890 the Oregon statute on…

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