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STATE v. WARWICK

No. 11988.

494 P.2d 627 (1972)

The STATE of Montana, Plaintiff and Respondent, v. Orville Archie WARWICK, Defendant and Appellant.

Supreme Court of Montana.

Decided February 24, 1972.

Attorney(s) appearing for the Case

Sandall, Moses & Cavan, Charles F. Moses argued, Billings, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., David V. Gliko, Asst. Atty. Gen., argued, Helena, Thomas A. Olson, County Atty., Thomas D. Gai, Deputy County Atty., argued, Bozeman, for plaintiff and respondent.

JOHN C. HARRISON, Justice.

This appeal is from a conviction of murder in the first degree. Defendant was tried by a jury in the district court of the eighteenth judicial district, Gallatin County, found guilty and sentenced to life imprisonment.

At about the hour of 8:30 a.m. on December 23, 1964, Mr. Earl Plum, an employee of Glacier Mountain Cheese Co., Gallatin Gateway, while traveling along Cottonwood Road, south of Bozeman, came upon the scantily clad...

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