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STATE v. ALTON

No. 10191.

365 P.2d 527 (1961)

STATE of Montana, Plaintiff, v. George E. ALTON, Defendant.

Supreme Court of Montana.

Decided September 11, 1961.

Rehearing denied November 2, 1961.

Attorney(s) appearing for the Case

Horace J. Dwyer, Maurice A. Maffei, Anaconda, argued orally, for appellant.

Malcolm MacCalman, Deer Lodge, M.K. Daniels, Deer Lodge, Forrest H. Anderson, Atty. Gen., Wm. F. Crowley, Asst. Atty. Gen., for respondent, Malcolm MacCalman and Wm. F. Crowley, Asst. Atty. Gen., argued orally.

JAMES T. HARRISON, Chief Justice.

Defendant was charged by information with the crime of murder in the first degree, tried before a jury, found guilty of murder in the second degree, and appealed from the judgment of conviction so entered in the district court of Powell County, Montana.

The record discloses the following facts: On the afternoon of April 16, 1959, at approximately 3:30 p.m., August Byers, a guard at the Montana State Prison, relieved another...

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