OPINION
DIMOND, Justice Pro Tern.
In this criminal action, a contract is involved — a contract to kill.
According to testimony at the trial, appellant, Harold Braham, hired Jeffrey Koel-zer to kill David Peterson. Braham was convicted of attempted first degree murder. He appeals on a number of grounds. The first is that the evidence was insufficient to warrant an indictment for attempted murder and also insufficient to withstand a motion for a judgment of acquittal at the close of the state’s case. Before we address this question, the factual background of the case must be examined in some detail.
There was evidence indicating that Bra-ham had a motive for having Peterson killed. Braham had introduced Peterson to an organization called the “Minute Men.” Peterson testified he joined this organization and undertook assignments for the group, whose purpose was to be ready with paramilitary equipment to defend the Constitution. The organization, of necessity, was secret, and Peterson was instructed never to reveal the existence of the Minute Men or his connection with them. He was told that if he did this, it would be Harold Braham’s job to see that he was killed.
Disregarding this admonition, Peterson went to the FBI and told them about the Minute Men in 1972. He said that his motivation for going to the FBI was a conversation he had with his attorney, following an attempt by Braham to hire him to kill a local lawyer whom Braham believed to be the head of “the communist group” in Fairbanks.
In June 1974, Peterson gave information to the police to the effect that a D-6 Caterpillar tractor had been stolen and that Peterson was willing to testify against the man who had stolen it.
A few days after this contact with the police, Peterson’s trailer exploded while Peterson was in it, apparently as a result of a bomb placed in the trailer. Peterson was not injured. Approximately one month later, on July 14, 1974, Peterson was driving down the Elliott Highway, north of Fairbanks, when several shots were fired into his vehicle, wounding him severely. He was taken to the Fairbanks Community Hospital for medical treatment. Although investigations were made, no person was charged or apprehended for bombing Peterson’s trailer or for shooting him.
Jeffrey Koelzer had known Harold Bra-ham for five or six years and, during that period of time, had several business transactions with him, some of which involved the sale of illegal weapons. In early July Koel-zer had a conversation with Braham in which Braham expressed regret that the explosion in the trailer had not killed Peterson, and Braham asked Koelzer if he might [635]*635be interested in “doing” Peterson, i. e., killing him. Braham offered Koelzer $600, which he said he would collect from a group of individuals if Koelzer would kill Peterson. Koelzer was, at this time, about to go to Valdez, but he promised Braham that he would consider the offer and that he was definitely interested.
Koelzer returned from Valdez on July 22, 1974, and a few days later was informed by Braham that Peterson had been shot and was in the hospital. Koelzer indicated that he was willing to undertake the killing of Peterson, and a contract was made that Koelzer would kill Peterson and would receive $600 from Braham.
At this meeting between Braham and Koelzer, Braham requested Koelzer to visit Peterson in the hospital and deliver a fictitious message to him concerning Peterson’s wife. The content of the message, which Koelzer delivered to Peterson, was that Peterson’s wife was engaged in acts of infidelity with a trapper in his cabin out on the Steese Highway.
Koelzer went to the hospital to see Peterson. At this time it was Koelzer’s intention to carry out the contract and collect the money.
A short time later, Koelzer was contacted by the Alaska State Troopers and the questions which they asked worried him. The Troopers seemed to know too much about the contract which had just been agreed upon. A short time after that, Koelzer decided that he wanted nothing to do with the contract and that he had better aid the State Troopers in their investigation because if Peterson were killed in the meantime, Koelzer might be charged with the murder. In return for his aid in getting evidence against Braham and for his testimony before the grand jury, the State Troopers offered Koelzer the $600 which he was to receive from Braham for killing Peterson.
After this arrangement had been made between Koelzer and the police, Koelzer went to visit Braham at the request of the police. He discussed the killing of Peterson with Braham, asking Braham if he could supply a gun since Koelzer only had a .22 magnum. Braham told him that a .22 magnum would be enough if the shots were at point-blank range and that, further, it would be impossible for Braham to get a weapon from his “stash” since the police were watching him too closely. Koelzer then told Braham how the murder was to be accomplished, i. e., by taking Peterson out to 12 Mile Chena Hot Springs Road, shooting him and then burying his body in some marshy ground.
At the instance of the police, Koelzer called on Braham on August 13, 1974. At this meeting, Braham was told that he should get his alibi ready for the next day and to be sure to have the money together. Braham responded that he had been experiencing some difficulty in collecting the $600 from other interested parties, but that he could guarantee at least $300 by the next day, as he had $100 from another man and he himself was willing to ante up $200 for killing the “son-of-a-bitch.”
The proposed killing was arranged for August 14 at 9:30 a. m. Braham and Koel-zer discussed what proof Braham would require as evidence of the performance of the agreement. Braham suggested that Koelzer bring Peterson’s gun, which Peterson had kept by his side 24 hours a day since the attempts were made on his life. Koelzer thought that Peterson had a .44 magnum. This provided Braham with the opportunity to test whether Koelzer killed Peterson: if Koelzer brought back a .44 magnum, Braham would know that Koelzer was lying, for Braham knew that the gun which Peterson had was a .41 magnum.
The next morning Koelzer called Braham from state police headquarters, telling Bra-ham that Peterson was going to be late to their rendezvous and that Braham should have his alibi ready for a later hour. At this time Braham suggested to Koelzer in a roundabout manner that Koelzer should bring with him one of Peterson’s toes as proof of the killing.
The state police drove Koelzer out to 12 Mile Chena Hot Springs Road. He moved [636]*636Peterson’s truck and collected Peterson’s keys and gun. In the meantime, Peterson had been flown to Minto Flats, a remote area, by the troopers to hide out so as not to be seen by any interested party. That evening Koelzer telephoned Braham and told him that the job was done.
The next day Koelzer met with Braham. Koelzer gave Braham Peterson’s gun (a .41 magnum) and keys in a pink paper bag. Braham was pleased to find the keys and the .41 magnum inside the bag. Braham accepted Koelzer’s excuse of nervousness' and waived the requirement of Peterson’s toe. Braham wiped off the gun and hid it in his truck and then he paid Koelzer $300, stating that he still hadn’t been able to contact the other potential donors.
ATTEMPTED MURDER
In order for one to be guilty of attempted murder, there must have occurred during the attempt an “act toward the commission” of the murder.1 The maximum penalty for attempted first degree murder is ten years.2
On the other hand, it is also a crime for one to willfully and knowingly solicit, incite or induce another to commit a felony, and the maximum penalty for this crime is three years imprisonment.3 The question we are faced with in this case is whether the evidence established an attempted murder on Braham’s part, or whether it showed that he only solicited, induced or incited Koelzer. to commit the murder of Peterson.
We stated in Whitton v. State, 479 P.2d 302, 304 (Alaska 1970):
It is within the traditional scope of legislative power to deter anti-social behavior by enacting laws proscribing, under the pain of punishment, certain courses of human conduct considered to be detrimental to an ordered society.
Certainly, first degree murder is seriously detrimental to an ordered society, as is reflected by the legislature’s act in providing severe punishment for that crime. And in order to give recognition to society’s continuing legitimate interest in the protection of a person, it is also considered detrimental to an ordered society for one to attempt to commit murder, even though he does not succeed in the attempt. Where there is an attempt to commit murder, there is always present a threat of fear, force and violence — and even death to a person — so that proscribing such an act, under pain of punishment, is essential in order that life in society may exist, and in existing, may be tolerable.
But there is also a countervailing policy: society (at least in a democracy such as ours) does not punish one for his thoughts alone, regardless of how malevolent they may be. If the law were otherwise, there would be an intolerable invasion of one’s privacy; man would be reduced to abject slavery, or something worse. Thus, there is some point between the formation of a criminal plan in one’s mind and one’s action in trying or making an effort to commit the crime that the law, for society’s protection, imposes criminal sanctions even though the crime is never consummated.
It is often difficult to determine when this point has been reached. But it is agreed among the courts and scholars that [637]*637when one’s acts are of such a preliminary nature so as to constitute mere preparation for the contemplated crime, there is no crime of attempt.4 That is why our statute requires, in addition to the plan to commit a crime, that there be in the course of such plan the doing of an “act toward the commission of the crime” before an “attempt” has been made under the statute.5 Also, although the word “act” in the statute is not modified by an adjective, the courts are generally in agreement that the act be “overt”, i. e., “an outward act done in pursuance and manifestation of an intent or design.”6
Some cases are fairly easy of solution, others are not. Whether acts taken or done in contemplation of the commission of a crime are merely preparatory and do not constitute attempt, or whether they are sufficiently close to the consummation of the crime to amount to attempt, is a question of degree and depends upon the facts and circumstances of a particular case.
In a situation where one contracts with another to commit a crime, the question of what acts by the former are sufficient to constitute a criminal attempt has been the subject of considerable discussion and varying results by the courts of other jurisdictions.7 Some courts hold that the making of the contract by itself amounts to only solicitation and preparation and that the crime of attempt has not been committed.8 There is other authority for the proposition that when the one hiring another to commit a crime has done everything he can to accomplish the criminal act through the hand of another and his conduct is no longer equivocal, but indicates that his criminal design will be carried into effect if not interrupted, then he (the employer) has committed the crime of attempt.9
We acknowledge the fact that it is difficult to define precisely the line between preparation and attempt in some cases. But that line can be defined with a reasonable degree of certainty in holding that, in the area of attempt, criminal culpability is present where there is the' formation of criminal attempt, a preparation to commit the crime, and a direct unequivocal act toward its perpetration. That is what we have here. Prior to the time Koelzer became associated with the State Troopers, he had entered into a contract with Braham to kill Peterson. After settling on the contract price — $600—Braham instructed Koel-zer to go to the hospital and see Peterson.
The purpose of this hospital visit was to bring Peterson and Koelzer together to allow Koelzer to gain Peterson’s trust and confidence so that Koelzer could “get close” to Peterson. Later, but still prior to police contact, Koelzer informed Braham the message had been delivered, to which Braham [638]*638replied, “Good.” Koelzer’s testimony on this point is significant:
Q Did Harold send you to the hospital or did you go to the hospital to buy this truck?
A I went to the hospital to relay the message that Harold had given me. At the same opportunity, I talked to Mr. Peterson about the truck and also trying to get closer to Peterson, at a later date so that — you know — I probably wouldn’t be suspected of anything.
Q So in other words, you’re saying that this whole thing about going to buy the truck was just really a fiction that you were using it to get close to Peterson?
A I was quite interested in the truck, but I was just trying to get close to Peterson, yes.
It is apparent that, when Braham instructed Koelzer to visit Peterson, his intention was that there would be fostered a relationship of trust and confidence between Koelzer and Peterson, thus placing Koelzer in a position where he would be closer to Peterson and could more readily kill him. We conclude that Koelzer’s visit with Peterson in the hospital, at Braham’s direction, was the doing of a direct, unequivocal “act toward the commission of the crime” of murder within the meaning of AS 11.05.020, which followed the formation of a criminal intent and a preparation to commit this crime.
We hold, therefore, that the evidence presented to the grand jury was sufficient to sustain the indictment for attempted first degree murder. We also hold that the evidence presented at the trial was sufficient to withstand a motion for a judgment of acquittal and was sufficient to support the jury’s verdict finding Braham guilty of attempted murder.10
ENTRAPMENT
After Koelzer had agreed to take the “contract” from Braham to kill Peterson and, at Braham’s direction, had visited Peterson at the hospital, Koelzer was interviewed by the police. The police offered to pay him $600 for his cooperation on the following conditions: if Koelzer provided evidence that Braham was serious about killing Peterson, if a charge was brought against Braham as a result of such evidence, if Koelzer testified before the grand jury and an indictment was returned, and if Braham was convicted of the offense charged in the indictment. Braham contends that this arrangement constituted entrapment and, therefore, that Braham was entitled to a judgment of acquittal.
The test of entrapment has been stated by this court in Grossman v. State, 457 P.2d 226, 229 (Alaska 1969):
[Ujnlawful entrapment occurs when a public law enforcement official, or a person working in cooperation with him, in order to obtain evidence of the commission of an offense, induces another person to commit such an offense by persuasion or inducement which would be effective to persuade an average person, other than one who is ready and willing, to commit such an offense. Conversely, in-stigations which would induce only a person engaged in an habitual course of unlawful conduct for gain or profit, does not constitute entrapment, [footnote omitted]
The evidence here does not support the defense of entrapment under Grossman or, as we stated in Evans v. State, 550 P.2d 830, 845 (Alaska 1976), does not present a case of government-sponsored criminality. We reach this result based on the timing of the events of this crime. Koelzer began [639]*639working in cooperation with the police only after Braham had contracted with him to commit the murder of Peterson. Koelzer had agreed to the arrangement and had taken the first step toward consummation of the crime by going to see Peterson at the hospital. The evidence does not establish that Braham was in any way persuaded or induced to employ Koelzer to kill Peterson. Braham had committed the crime of attempted first degree murder prior to the time that Koelzer agreed to cooperate with the police.
MENTAL EXAMINATION OF PETERSON
David Peterson was the state’s witness. Before the start of cross-examination and out of the presence of the jury, there occurred a discussion between counsel and the trial judge regarding the latitude of the cross-examination of Peterson. Defense counsel stated he would attempt to elicit from Peterson certain mental difficulties as exhibited by Peterson’s bizarre behavior in the past and as indicated by Peterson’s affliction with a disease which caused psychotic episodes in his life. The judge ruled that such evidence would be admissible. At this point, the following colloquy took place between the judge and defense counsel:
THE COURT: . . . Now, I think that the defense is entitled to go into his motives, his underlying mental condition, with regard to having made these statements. And the defense is not precluded from going into this. And if Mr. Peterson is — certainly there is — he is qualified to testify as to his own condition, and if necessary, I suppose, that the court could have an independent mental examination.
MR. RUBINSTEIN: I would move for such an examination, Your Honor.
THE COURT: But there’s no time for it. If a person, being a witness, and the jury is expected to believe a person, they’re — the jury is entitled to know as much about that person as possible. And if a person — a witness does have mental problems, the jury is certainly entitled to take that into consideration in weighing the credibility of the witness that testifies.
Braham contends that the court’s failure to order a mental examination of Peterson was error.
We have held that it is clearly open to the defense to show that, because of some mental abnormality, a witness’ capacity for accurate perception and recollection has been impaired.11 Defense counsel was afforded this opportunity in being permitted to cross-examine Peterson at some length regarding his behavior and mental problems.
At the end of the cross-examination of Peterson, defense counsel did not renew his motion to have a mental examination made. Nor does he indicate in his brief on appeal why he did not request such an examination of the witness prior to trial when he was aware of certain behavior by Peterson in the past which might well have indicated that Peterson had experienced psychotic episodes from time to time.
When the court mentioned, more or less as an afterthought, that “if necessary, I suppose, that the court could have an independent mental examination”, defense counsel merely said: “I would move for such an examination . . . ” He did not press the point further at that time, nor did he refer to it again after his rather extensive cross-examination of Peterson.
The cross-examination of Peterson brought before the jury certain characteristics of Peterson’s behavior that could have been construed as indicating mental difficulties. Defense counsel thus was allowed and availed himself of the opportunity to show facts which might appear to the jury as amounting to an impairment of Peterson’s capacity for accurate perception and recollection.12 From what we see from the record, defense counsel apparently decided to abandon any further effort to have a [640]*640psychiatric examination of Peterson following his effective cross-examination on this subject.
It is within the discretion of the trial court whether to order a psychiatric examination of the mental condition of a witness.13 In order to reverse the trial judge, we would have to find an abuse of that discretion. We find none here.
OTHER ATTEMPTS ON PETERSON’S LIFE
There was an explosion in Peterson’s trailer while he was in it — apparently from a bomb. Koelzer testified that Bra-ham talked to him about the’ explosion, saying: “It’s just too God damn bad the motherfucker didn’t get it, that he should have gotten it just from the impact alone— the impact should have killed him.” Koel-zer also said that Braham told him that “it [apparently the bomb] was under the stove or the refrigerator, towards the center of the trailer.” It was during this conversation that Braham discussed with Koelzer the “contract” under which Koelzer was hired by Braham to kill Peterson for $600.
Koelzer was also asked whether there had been any discussion with Braham concerning the shooting of Peterson in July 1974. Koelzer stated that Braham told him “that it was too bad that he missed and that he was shot with a .30-30 rifle.”
Braham contends the state did not prove that Braham had anything to do with the explosion or the shooting; and, therefore, the admission of Koelzer’s testimony as to what Braham’s views were on these incidents was highly prejudicial and amounted to reversible error. The error was compounded, Braham contends, when the prosecuting attorney, in final argument, said:
In fact, the evidence is quite clear that Mr. Braham had an ironclad alibi when the shooting took place. It’s kind of curious though, that right at the time of the shooting is when he had his ironclad alibi. Just like, if this murder had taken place, he would have had another ironclad alibi.
In Eubanks v. State, 516 P.2d 726, 729 (Alaska 1973), we stated:
Unless evidence revealing the commission of an offense for which the accused is not charged is relevant to a material fact in the case at trial, it is not admissible. Watson v. State, 387 P.2d 289, 293 (Alaska 1963). Even when such evidence is relevant, the probative value must outweigh its prejudicial impact. Howard v. State, 496 P.2d 657, 661 (Alaska 1972); Gafford v. State, 440 P.2d 405, 408 (Alaska 1968), cert. denied 393 U.S. 1120, 89 S.Ct. 996, 22 L.Ed.2d 125 (1969).
An inference that the jury might well have drawn from this testimony by Koelzer would be that Braham had something to do with the two prior attempts on Peterson’s life. To this extent, the evidence had a prejudicial effect. But this must be weighed against its probative value. The purpose and effect of Koelzer’s testimony was not to prove that Braham was guilty of two prior attempts on Peterson’s life. Rather, it was introduced for the purpose of showing that, since such incidents figured heavily in conversations between Braham and Koelzer, and Braham had knowledge of the attempts and gave them his moral support, Koelzer’s testimony that Braham wanted Peterson killed would be credible. At the trial, this issue was hotly disputed by Braham.
The evidence in question would tend to show that it was not unbelievable, as Bra-ham contended, that Braham had hired Ko-elzer to kill Peterson. The record demonstrates that the evidence of prior attempts was so integrated into the story of this crime, that to exclude it would have made the factual setting of this crime incomprehensible to the fact finder. Thus the need to admit this evidence was great, and it had the permissible effect of completing the picture or setting the stage of the crime for which Braham was being tried — the at[641]*641tempted murder of Peterson.14 There was no error in admitting such evidence.
On the other hand, there is no justifiable basis for sustaining or condoning the comments by the prosecuting attorney on such evidence, which we have quoted above. They were highly improper because he inferred that Braham had had something to do with the other attempts on Peterson’s life. However, the prejudicial impact of these remarks (as well as the prejudicial effect of the evidence referred to above) were alleviated by an instruction given the jury by the court. Instruction No. 15 provided:
Evidence has been presented in this case that David Peterson’s trailer was exploded by unknown means and by an unknown hand, if any. Evidence has also been presented that David Peterson was the victim of a shooting, also by an unknown person. You are instructed that the defendant, Harold Braham, is not charged with either of these crimes and neither evidence of the shooting nor of the explosion may be considered by you in any manner in reaching your verdict in this case.
There was no reversible error.
UNLAWFUL DEALINGS BETWEEN BRAHAM AND KOELZER
Over objection, Koelzer was permitted to testify that, in the past, over a period of five or six years, he had sold Braham stolen merchandise, principally guns. Braham contends the admission of such evidence was prejudicial error.
This evidence had a rational tendency to show that Braham knew what kind of a man he was dealing with when he offered the “contract” to Koelzer, that he trusted Koelzer because of his criminal proclivities to be able to discuss with him the murder of Peterson and, therefore, that it was not unbelievable that Braham would offer $600 to Koelzer to murder Peterson. This evidence had the effect of advancing the inquiry into Braham’s motive or state of mind and, therefore, was relevant to a material issue in the case.15 The probative value of the evidence outweighed any prejudicial effect it may have had. Eubanks v. State, 516 P.2d 726, 729 (Alaska 1973).
DISCOVERY — COMPULSORY PROCESS
Alaska Rule of Criminal Procedure 16 deals with discovery. The broad scope of discovery under that rule is stated in subdivision (a) as follows:
In order to provide adequate information for informed pleas, expedite trial, minimize surprise, afford opportunity for effective cross-examination, and meet the requirements of due process, discovery prior to trial should be as full and free as possible consistent with protection of persons, effective law enforcement, and the adversary system.
However, the rule also provides that in certain instances discovery may be regulated.16 Thus, Criminal Rule 16(d)(6) provides:
Upon request of any party, the court may permit
(i) any showing of cause for denial or regulation of disclosure, or
(ii) any portion of any showing of cause for denial or regulation of disclosure
to be made to the court in camera ex parte. A record shall be made of such proceedings. If the court enters an order granting relief following such a showing, the entire record of the proceedings shall be sealed and preserved in the records of the court, to be made available to the supreme court in the event of an appeal.
Defense counsel had sought discovery of matters showing the relationship or connection between Koelzer and the police on matters not related to Braham between the [642]*642time of Braham’s arrest in August 1974, and the time of the trial in April 1975. The prosecuting attorney resisted these attempts at discovery and, with the consent of the trial judge, utilized. Criminal Rule 16(d)(6) in order to have limitations placed on the discovery sought by the defense.
A conference was held between the trial judge and the prosecuting attorney on April 2, 1975. Defense counsel was excluded. The prosecutor represented to the judge that the matters sought to be discovered related to the fact that Koelzer had been working for the state as a narcotics informer, that he had made various narcotic transactions involving the purchase of heroin or cocaine, and that, if these activities were revealed at a time .before indictments were obtained by the state against the narcotics offenders Koelzer had dealt with, Koelzer’s “cover” would be destroyed. It appears that the basis for non-disclosure on which the prosecuting attorney relied was that to allow discovery of such matters would be inconsistent with effective law enforcement.
The prosecuting attorney, however, stated to the judge at the ex parte conference that he would issue complaints and arrests and search warrants and would take his drug cases to the grand jury on Friday, April 4. He also stated that after that date he could make the police reports involving Koelzer’s activities available to defense counsel on Saturday, April 5, so that counsel for Braham would have them available for cross-examination of Koelzer on Monday, April 7. He then requested that discovery be deferred until Saturday morning, April 5, and the judge said “All right. So ordered.”
But this was not the end of the ex parte proceeding. After the court had ordered “deferred discovery”, the following colloquy between the prosecuting attorney and the judge ensued:
MR. DAVIS: And at that time — I shall also supply the court ahead of time — I can supply the court our police reports; allow the court to read through the police reports, and determine what information should be discovered, and what not should be [sic] discovered. But I’ll leave that up to the court. And my only objection would be on grounds of relevancy. I see no relevancy betw — allowing the complete narcotics surveillance and our intelligence information to be supplied to Mr. Harold Braham.
THE COURT: All right. I — it’s a valid reason. I .
MR. DAVIS: I have nothing else, Your Honor, besides that.
THE COURT: All right.
MR. DAVIS: I would tell Mr. Rubinstein that the — what tha — additional information, whatever the court ruled, would be supplied to him for cross-examination — whatever is deemed to be relevant by the court.
THE COURT: That — that’s your — in your discretion.
MR. DAVIS: Okay.
At the end of the day on Friday, April 4, right before the jury was sworn and told that the trial would commence the following Monday, the following dialogue took place between the judge and defense counsel:
THE COURT: All right. 10:00 o’clock. I’ll make the — have the jury come in at 10:00 o’clock on Monday morning, and we’ll continue then at 8:30 on whatever matter that Mr. Davis has to bring up and whatever arguments are anticipated. There is another matter, I think, that I should advise counsel of. Mr. Davis presented certain matters in camera — a sealed envelope containing certain information, and the court has examined that and finds that it would — that it should not be used in the trial of this case. I can’t say anything more than that Mister
MR. RUBINSTEIN: Well, then I — not knowing what it is .
THE COURT: I under . ...
MR. RUBINSTEIN: . . . . I believe that I should probably be entitled to it to cross-examine Mr. Koelzer if it is relevant to some police contacts between Mr. Koelzer — with Mr. Koelzer subsequent to the defendant’s arrest before the trial. So I would object .
[643]*643THE COURT: Well ....
MR. RUBINSTEIN: . . . . to it to not being made available.
THE COURT: I understand, and your objection is certainly noted and the documents along with the other in camera matter are ordered sealed and to be made a part of the record of this case. I suppose if I could disclose it, it would be— solve the problem, but I can’t do that. . ..
Nothing was said by Mr. Davis, the district attorney, as to his representations to the judge at the ex parte proceeding that he would make the material in question available to Mr. Rubinstein by the time the cross-examination of Koelzer was to begin.
We fail to understand why the judge ruled as he did. According to representations made by Mr. Davis at the ex parte hearing, the material which was not permitted to be seen by defense counsel ought to have been available to him on Saturday, April 5, or at least on the following Wednesday, April 9, when he cross-examined Koelzer. There was no showing whatever that making the material available to Braham’s counsel would not have been consistent with the protection of persons or effective law enforcement. In these circumstances, we are constrained to hold that the judge was clearly mistaken in blocking the efforts of the defense to discover evidence the prosecutor had, which related to Koelzer’s association with the police between the time of Braham’s arrest and the time of trial.
Although the district attorney stated to the judge at the ex parte hearing that he would make the material available to defense counsel by Saturday morning, the record shows that the district attorney also objected to disclosure of the material on the ground that it was not relevant.
Non-disclosure was proper only if (1) the prosecution showed that discovery of the evidence would be inconsistent with protection of persons .or enforcement of the laws and (2) the trial judge concluded that the material was not relevant17 to the defense. If the district attorney failed to show that disclosure would harm enforcement or protection efforts, the material must be disclosed. The question of relevance would then be decided in an adversary context; both counsel would have the opportunity to make their respective arguments.
Disclosure is also required if the judge’s in camera inspection showed that the material was relevant to the defense — whether or not the prosecutor had demonstrated that discovery would be inconsistent with enforcement or protection efforts. In the latter circumstance, the state must decide between continuing to prosecute, while incurring the problems posed by disclosure, and terminating the prosecution in order to maintain the material’s secrecy.18
This interpretation of Criminal Rule 16 may appear harsh so far as the [644]*644prosecution is concerned. But the defendant is entitled to have access to all relevant evidence in the possession of the state in order that he be afforded his right to a fair trial. The question of whether he has a fair trial relates to constitutional guarantees such as due process and the right to have compulsory process for obtaining witnesses in his favor.19
It is the latter right that we are chiefly concerned with here. It is true that the constitutional provisions speak of compulsory process for “obtaining witnesses” in a defendant’s favor. But this clause has been construed as applying as well to documentary evidence. This was recognized as early as 1807. In the treason trial of former Vice President Aaron Burr, Chief Justice Marshall, as circuit justice, ruled that a letter in the custody of President Thomas Jefferson must be produced for the defendant’s inspection under the compulsory process clause.20 This historical ruling was given great weight in United States v. Schneiderman, 106 F.Supp. 731 (S.D.Cal.1952), which discussed the clause at length and concluded that it required the production of investigative reports of government witnesses for use by a defendant in a Smith Act prosecution.21 This case was cited with approval in Jencks v. United States, 353 U.S. 657, 668 n. 13, 77 S.Ct. 1007, 1 L.Ed.2d 1103, 1112 (1957). The proposition that the compulsory process clause requires prior statements of witnesses to be produced was also noted by Justice Brennan, concurring in Palermo v. United States, 360 U.S. 343, 362, 79 S.Ct. 1217, 3 L.Ed.2d 1287, 1300-01 (1959) (Brennan, J., concurring), and was one basis for upholding a subpoena duces tecum directed at President Richard Nixon for production of tapes and documents.22
In Johnson v. Johnson, 375 F.Supp. 872, 875 (W.D.Mich.1974), the following language is instructive on the reach of the clause:
The right of ‘compulsory process’ implies that the prosecution on request and the trial courts have some duty to apply the state’s resources and power in appropriate circumstances to ensure a fair trial, especially where the defendant is indigent.
This conception is certainly consonant with long-established principles of due process. The prosecution’s constitutional duty to disclose exculpatory material statements of witnesses on the defendant’s request, Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963); Moore v. Illinois, 408 U.S. 786, 92 S.Ct. 2562, 33 L.Ed.2d 706 (1972), is clearly within the sphere of influence of the Sixth Amendment’s compulsory process guarantee.
Two state cases23 have interpreted the clause, and one law review24 article has [645]*645given extensive treatment to its implications.
The documentary material, which Bra-ham sought to discover, consisted of a detailed written account showing that, on 16 separate occasions, between December 5, 1974, and March 31, 1975, Koelzer had been acting as an informer for the police in obtaining evidence of illicit drug sales involving 12 different persons, who were eventually prosecuted by the state on drug offenses. The obvious purpose of having this material available to the defense was to afford Braham’s counsel the opportunity, in cross-examining Koelzer, to show that he had participated in so many drug purchases — possibly in order to curry favor with the police or to obtain some other advantage — that bias on Koelzer’s part would be disclosed.
In past decisions, we have consistently held that it is essential to a defendant’s right to a fair trial that he be allowed every opportunity to show bias on the part of a witness testifying against him.25 If Bra-ham’s counsel was unduly limited in his right of cross-examination to show bias on Koelzer’s part by the failure of the state to produce the documentary material referred to, then there must be a reversal and a new trial. This would be necessary because the error of the court in denying discovery of the documents would be in violation of Bra-ham’s federal and state constitutional right to be allowed “compulsory process” to obtain such evidence.
All federal constitutional errors, however, are not always deemed harmful so as to require an automatic reversal of a conviction. There may be harmless constitutional error. But before a federal constitutional error can be held harmless, “the court must be able to declare a belief that it is harmless beyond a reasonable doubt.” Chapman v. California, 386 U.S. 18, 22-24, 87 S.Ct. 824, 828, 17 L.Ed.2d 705, 709-11 (1967). Or to put it another way, the state must establish beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.26
We have utilized this standard in past decisions. In Evans v. State, 550 P.2d 830, 840 (Alaska 1976) we stated:
Inasmuch as we have concluded that the superior court erred in unduly restricting the exercise of Evans’ constitutional right of cross-examination, we must consider the effect of this error. It is evident . that the appropriate standard of review in a case of this nature is the constitutional harmless error standard of Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). Inasmuch as our own decisions are not entirely consistent on this point, we take this opportunity to reaffirm that when a criminal defendant is denied his constitutional right to confront and cross-examine his principal accuser, the Chapman standard controls the effect of that error. That standard requires reversal unless this court can declare a belief that the error was “harmless beyond a reasonable doubt.” [footnotes omitted]27
In the case of Davis v. State, 499 P.2d 1025 (Alaska 1972) (Justice Rabinowitz dissenting), this court refused to permit cross-examination of the state’s key witness as to his juvenile conviction and resultant probation status, from which the jury could have inferred bias and a motive for his testimony. In reversing this court in Davis v. Alaska, 415 U.S. 308, 318, 94 S.Ct. 1105, 1111, 39 L.Ed.2d 347, 355 (1974), the United States Supreme Court stated:
While counsel was permitted to ask Green whether he was biased, counsel [646]*646was unable to make a record from which to argue why Green might have been biased or otherwise lacked that degree of impartiality expected of a witness at trial. On the basis of the limited cross-examination that was permitted, the jury might well have thought that defense counsel was engaged in a speculative and baseless line of attack on the credibility of an apparently blameless witness or, as the prosecutor’s objection put it, a “rehash” of prior cross-examination. On these facts it seems clear to us that to make any such inquiry effective, defense counsel should have been permitted to expose to the jury the facts from which jurors, as the sole triers of fact and credibility, could appropriately draw inferences relating to the reliability of the witness. Petitioner was thus denied the right of effective cross-examination which “would be constitutional error of the first magnitude and no amount of showing of want of prejudice would cure it.” [Citation omitted]
In contrast to Davis, the jury here was made aware of the fact that Koelzer had a prior conviction for receiving stolen goods and was under a suspended sentence. Koel-zer admitted lying to the police, which would have an effect as to his credibility as a witness against Braham. More directly on point was Koelzer’s testimony that he had agreed to kill Peterson for the sum of $600 to be paid by Braham and, that subsequently, he turned informer against Bra-ham for a like sum to be paid to him by the police. He also testified that he was motivated to cooperate with the police, in part, by his personal apprehension of being involved criminally in the attempted murder.
Defense counsel cross-examined Koelzer as to his being an informer for the police, which was the subject of the police reports that were not made available. Counsel’s examination of Koelzer on this point was as follows:
Q Do you have any continuing relationship with the State police at this time?
A Yes.
Are you presently employed for the State police in any capacity? o
Yes. <
And are you presently employed as an informer for the State police? o
Yes. <¡
And is this for pay? o
Yes. <!
The State police owe you anything— owe you any money at this time? o
I don’t believe so.
How much money are you expecting to earn in the future from the State police, at this time? o
I have no idea. >
No particular sums were discussed? <©
There were some particular sums discussed, but whether I have time or I’m in the area, that would have . . ..
Q What about how you do with this case? That have anything to do with it?
A No, this case is . . .. .
MR. RUBINSTEIN: I have no further questions.
Defense counsel was not restricted by the court from proceeding further in cross-examining Koelzer on this subject or any other.
Braham’s counsel contends that the documents not produced by the prosecution would have enabled him to cross-examine Koelzer in the following critical areas: (1) the amount of compensation, if any, that was paid Koelzer by the police for acting as an informer in drug matters and, if compensation was paid, whether some was withheld pending his testimony in this case; (2) whether Koelzer used any of the drugs he was purchasing; (3) whether or not Ko-elzer, while purchasing drugs as a police informer, was involving himself in other illegal activities for which he was not being prosecuted; (4) Koelzer’s motivation for acting as an undercover police informer, i. e., whether this stemmed from promises of compensation and the ability to obtain access to drugs for his own use, or whether the motivation resulted from coercion or [647]*647threats of prosecution due to drug involvement on his part; and (5) whether Koelzer was promised further, if not regular, employment as a police informer as a result of the work he had already done in that capacity and as a result of his testifying as a witness for the state in this case against Braham.
The documents in question — the police reports — are written accounts of Koelzer’s activity as an undercover police drug informer. They show that Koelzer purchased drugs on several occasions from certain named persons with money furnished him by the police. The reports do not show whether Koelzer was involved in other illegal activities for which he was not being prosecuted, nor do they show what motivated Koelzer to perform these acts for the police other than for compensation in money. There is nothing in the reports to indicate that Koelzer was acting in this role by reason of coercion or threats of prosecution. There is no indication as to the amount of compensation Koelzer was paid for his services, although under cross-examination he admitted that he was paid for his work and that, as of the time of the trial, he believed no money was owed him by the police.
The reports are also silent on the question of whether compensation, to be paid to him by the police, was contingent upon the quality of his testimony at the trial or the outcome of the trial. But aside from the police reports, there was testimony at the trial that Koelzer was paid $600 by the police for his aid in getting evidence against Braham, for his testimony before the grand jury and if Braham were convicted of the crime of attempted murder. Furthermore, Koelzer testified during the trial that he did not believe the State police owed him anything at that time — this indicating that the $600 had already been paid to him.
Braham also raises the issue as to whether Koelzer used any of the drugs he was purchasing as an informer. One of the reports shows that Koelzer had sampled cocaine during his undercover work. But as the state points out, personal use of a drug is not admissible for purposes of impeachment, and the use of a drug only becomes relevant if the witness is under its influence (or suffering from withdrawal) at the time he is supposed to have observed the events he is testifying about or at the time of his testimony in court.
In summary: the police reports on Koelzer’s activities as an undercover drug informer ought to have been given to Braham’s counsel under Criminal Rule 16 because they were relevant. They were relevant because they showed that Koelzer was deeply involved in working for the police, which would create the material inference that he might be biased in favor of the prosecution. But the real question is whether absence of the reports served to inhibit defense counsel’s cross-examination of Koelzer to the point where Braham’s constitutional rights were so seriously violated that justice demands a reversal and a new trial. We believe there was no such prejudicial effect.
The jury was well aware of the fact that Koelzer was a police informer, not only in relation to Braham, but also in relation to obtaining evidence of illegal drug purchases from a number of different persons who were to be prosecuted for drug offenses because of the evidence Koelzer was able to produce. It must have been obvious to the jury that Koelzer was not being prosecuted for attempted murder, although he was a principal along with Braham in the commission of that offense. This would certainly demonstrate bias on Koelzer’s part — that he informed against Braham and acted as a drug informer for the police after the Bra-ham matter in order to curry favor with the police and to avoid prosecution. In his final argument to the jury, defense counsel made a telling point on the question of Koelzer’s motivation for testifying against Braham. Counsel made these remarks:
One thing I’d like to bring up with you just briefly is Koelzer’s motives for doing what he did with the police and what he did with Harold. Koelzer would have you believe that his motives were entirely a matter of getting $600.00. But there’s another interesting thing, and that is that [648]*648Koelzer is continuing to work as a police informer, the Koelzer now has a steady relationship with the police in which he goes out and does things like this or similar things involving other people, and will then presumably testify before grand juries and testify before trial juries. And as you know — for instance in this case, the events which gave rise to the case commenced in August of 1974. It is now April of ’75 and the case is still at trial. Between the time of August ’74 and April ’75, Koelzer is an untouchable. Ko-elzer is a man who can virtually do no wrong. Now, if you were Jeffrey Koel-zer and you’d lived a life for 24 years, or at least from your teens on of stealing things, of selling stolen property, of habitually using hard drugs and things like this, and if you’re also a man who the police know about, if you’re a man who the police have questioned about that, you’ve admitted your drug use to the police, if they know that you’re a crook, if they know that you sell stolen property, if you live in a small town like Fairbanks, you’re in a lot of trouble. Now, Jeffrey Koelzer at this point was in a very nice part of his life, the pipeline had come to Alaska; for the first time in his life, honestly — so-called—he’s earning 600.00 to $1,200.00 a week or 500.00 to 1,200.00 a week, but he’s got a lot of skeletons in his closet, a lot of skeletons that the police even know about or can know about without too much problem. Well, Koel-zer has now got himself a pretty sweet deal. Koelzer has made himself virtually an immune person by offering this cooperation. So I would submit to you that the $600.00 consideration was really very meaningless, very insignificant part of Koelzer’s reasons. As McCoy said, “It would be in your best interest to get on the right side of the fence at this time,” and it’s exactly true, it was in his best interest and it still does continue to be in the best interest to serve the police in this fashion. [Emphasis added]
We believe that Braham’s counsel ‘had ample opportunity to show bias on Koelzer’s part and, that in his cross-examination of Koelzer and in his argument to the jury, availed himself of that opportunity. The documentary evidence not produced would, we believe, be cumulative of the testimony already presented and of the point that defense counsel made regarding the nature of Koelzer’s testimony and his role as an informer.
Considering all of the circumstances, we are of the opinion that, even though the court’s error in denying compulsory process for Braham with respect to the police reports mentioned above was of a constitutional dimension, the error was harmless in the constitutional sense. It is true that one' may doubt that the error was harmless and in some way prejudiced Braham’s rights. But the question is whether such doubt is a reasonable one — i. e., whether it is of such a nature as would cause a reasonably prudent person to hesitate before acting in a matter of importance to himself.28 We believe that any such doubt would not be of that nature and, therefore, that the error in refusing production of the police reports was harmless beyond a reasonable doubt within the meaning of the Chapman standard as discussed in this court’s decision in Evans v. State, 550 P.2d 830, 840 (Alaska 1976).29
[649]*649OTHER ALLEGED ERRORS
Braham makes three additional points on this appeal which require little discussion. One of them is that the court erred in allowing the state to show that a witness for the defense, a former district judge, had been censured by the supreme court. We find no prejudice to Braham in this respect and conclude there was no error.
Braham also asserts as error the giving of the following instruction to the jury by the trial court:
Solicitation to commit a crime involves no more than asking or enticing someone to commit a crime. While solicitation is a step in the direction of a target crime, it does not constitute the overt act directed toward its commission that is a necessary element of the crime of attempt. However, if a defendant hires, contracts and plans with an agent to commit a crime and the defendant has done everything that was to be done by him to accomplish the crime, the defendant’s conduct has gone beyond the sphere of mere solicitation and constitutes an overt act done toward the commission of the crime sufficient for the crime of attempt.
Braham had hired, contracted and planned with Koelzer to commit the crime of first degree murder. In moving toward consummation of the murder, Braham had sent Koelzer off to see Peterson at the hospital in order to foster a relationship of trust and confidence between Koelzer and Peterson. At that point Braham had done everything that was to be done by him to accomplish the crime. Braham’s conduct had gone beyond the sphere of mere solicitation. He had done an act toward the commission of the crime within the meaning of the statute relating to criminal attempt. The instruction is not inconsistent with our decision and, therefore, was not erroneous.
The final point that Braham makes is that the six-year sentence is excessive. This assertion is without merit. The evidence shows a cold-blooded and premeditated attempt on Braham’s part to have Peterson murdered. A man of such evil character is the “worst type of offender”, as we have used this term in past decisions on sentence appeals30 and, therefore, was deserving of a prison term of at least six years.31
The judgment is AFFIRMED.