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STATE v. SCHENK

No. 11351.

444 P.2d 861 (1968)

The STATE of Montana, Plaintiff and Respondent, v. Franklin Norman SCHENK, Defendant and Appellant.

Supreme Court of Montana.

Decided August 19, 1968.

Rehearing Denied August 29, 1968.

Attorney(s) appearing for the Case

John F. Bayuk, Shelby, David O. DeGrandpre, argued, Helena, for appellant.

Forrest H. Anderson, Atty. Gen., William A. McCormick, Asst. Atty. Gen., Helena, Rae V. Kalbfleisch, Shelby, Robert Emmons, Great Falls, for respondent.

JAMES T. HARRISON, Chief Justice.

Franklin Norman Schenk was charged with the crime of murder in the first degree in the district court of Toole County, and upon jury trial he was found guilty of murder in the second degree. The appellant, Mr. Schenk, was charged in connection with the gunshot death of his wife, Betty Bogdanski Schenk, and he appeals from that conviction and from a denial of his motion for a new trial, alleging a number of specifications of error...

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