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STATE v. THOMPSON

No. 12698.

524 P.2d 1115 (1974)

The STATE of Montana, Plaintiff and Respondent, v. Maurice Lyman Thompson, Defendant and Appellant.

Supreme Court of Montana.

Decided July 15, 1974.

Attorney(s) appearing for the Case

Lee Overfelt argued, Billings, for appellant.

Robert L. Woodahl, Atty. Gen., Thomas J. Beers, Asst. Atty. Gen., appeared, Helena, Richard W. Josephson, City Atty., Conrad B. Fredericks, County Atty. argued, Big Timber, for respondent.

HASWELL, Justice.

Defendant Maurice Lyman Thompson was convicted of second degree murder in a jury trial in the district court of Sweet Grass County. He appeals from the judgment of conviction and denial of his motion for a new trial.

Defendant shot and killed James VanderVoort with a revolver in broad daylight. The shooting occurred on the main street of Big Timber, Montana on September 4, 1971, at about 6:00 p.m. VanderVoort was killed alongside defendant...

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