Alaska Supreme Court April 19, 1968, 859 (Smiloff v. State)

*778NESBETT, Chief Justice

(dissenting).

, T .dissent from the majority holding that denial of the subpoenas was an abuse of discretion .which substantially prejudiced appellant’s defense. In my opinion, a new trial is not warranted.

'Subpoenas for five witnesses were requested by court appointed counsel for appellant ■ approximately three weeks before trial.