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STATE v. THOMAS

No. 10949.

413 P.2d 315 (1966)

The STATE of Montana, Plaintiff and Appellant, v. Clara THOMAS and Robert G. Thomas, Defendants and Respondents.

Supreme Court of Montana.

Decided March 16, 1966.

Rehearing Denied April 27, 1966.

Attorney(s) appearing for the Case

Robert H. Wilson, County Atty. (argued), Hardin, J.H. McAlear, Red Lodge, Forrest H. Anderson, Atty. Gen., Louis Forsell, Sp. Asst. Atty Gen. (argued), Helena, for appellant.

Bert W. Kronmiller (argued), Douglas Y. Freeman (argued), Hardin, for respondents.

JAMES T. HARRISON, Chief Justice.

This is an appeal by the State of Montana from an order entered in the District Court of Big Horn County granting new and separate trials for both Clara Thomas and Robert Thomas, husband and wife, who were each convicted of murder in the second degree.

The trial jury, acting under direction of the trial court, acquitted a third defendant, David Thomas, son of Clara and Robert Thomas, of the crime of homicide.

The State...

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