Walter Elisovsky v. State Alaska

BOOCHEVER, Justice. OPINION. Walter Elisovsky appeals his conviction of the crime of assault with a dangerous weapon in violation of AS 11.15.220. Issues are raised pertaining to the failure of the trial court to give a lesser included offense instruction as to careless use of a firearm; the jurors making an unauthorized inspection of the scene of the offense; an instruction authorizing jurors to use their past experience in considering the evidence and the fact that jurors decided to consider prior bad conduct of the defendant which the court had excluded; the excessiveness of the sentence; and the imposition of a fine of $100.00 on defense counsel for securing affidavits from jurors and not promptly notifying the court.