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STATE v. GALLAGHER

No. 12341.

509 P.2d 852 (1973)

The STATE of Montana, Plaintiff and Respondent, v. Jerry GALLAGHER, Defendant and Appellant.

Supreme Court of Montana.

Submitted March 28, 1973.

Attorney(s) appearing for the Case

Sandall, Moses & Cavan, D. Frank Kampfe (argued), Billings, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Jonathan B. Smith, Asst. Atty. Gen. (argued), Helena, Harold F. Hanser, County Atty. (argued), Billings, for plaintiff and respondent.

JOHN C. HARRISON, Justice.

This is an appeal from a judgment of conviction of murder in the first degree entered on a jury verdict in the thirteenth judicial district, county of Yellowstone. After denial of his motion for a new trial, defendant appealed.

Defendant Jerry Gallagher raises four issues on appeal:

1. Defendant is entitled to a new trial insofar as his defense counsel had previously prosecuted him.

2. The trial court erred in failing...

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