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STATE v. STORM

No. 9268.

265 P.2d 971 (1953)

STATE v. STORM.

Supreme Court of Montana.

Amended on Denial of Rehearing January 15, 1954.

Attorney(s) appearing for the Case

W. B. Leavitt, Miles City, W. E. Coyle, Butte, for appellant.

Arnold H. Olsen, Atty. Gen., John L. McKeon, Asst. Atty. Gen., Russell K. Fillner, Co. Atty., Forsyth, for respondent.

FREEBOURN, Justice.

This is an appeal by John Loy Storm, defendant and appellant, from a judgment of conviction of murder in the second degree, under which he was sentenced to serve 20 years in the state prison.

The facts of the case are stated in State v. Storm, 125 Mont. 346, 238 P.2d 1161, wherein a new trial was granted.

Herbert (Chub) Hay, a witness for the prosecution who testified in the first trial, did not...

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