STATE v. STORM

No. 9033.

238 P.2d 1161 (1951)

STATE v. STORM

Supreme Court of Montana.

As Corrected February 13, 1952.


Attorney(s) appearing for the Case

W.B. Leavitt, Miles City, for appellant.

W.E. Coyle, Butte, amicus curiae.

Arnold H. Olsen, Atty. Gen., Mr. William H. Coldiron, Asst. Atty. Gen., for respondent.


On Petition for Rehearing

ADAIR, Chief Justice.

From a judgment of conviction entered on a jury's verdict finding him guilty of murder in the first degree, John Loy Storm has appealed.

At about 7:40 o'clock on the evening of Friday, April 1st, 1949, Russell Bean was shot in the back and killed. At the time he was seated at the supper table in his small four room country home located about 14 miles west of Forsyth. His back was to the south window...

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