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STATE v. HERRON

No. 12948.

545 P.2d 678 (1976)

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

Supreme Court of Montana.

Decided January 22, 1976.

Rehearing Denied February 23, 1976.

Attorney(s) appearing for the Case

Daniel J. Shea, argued, Missoula, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Helena, Thomas A. Budewitz, Asst. Atty. Gen., argued, Helena, Robert L. Deschamps, III, argued, County Atty., Missoula, for plaintiff and respondent.

JOHN C. HARRISON, Justice.

Defendant appeals from his conviction of attempted second degree murder and the 25 year sentence imposed in the district court, Missoula County.

On October 20, 1972, a teen-age girl was riding her bicycle on the highway near Clearwater Junction. She was shot by a shotgun fired from a passing vehicle. Defendant Jerry Allen Herron was arrested the same day and was ultimately tried for four alternative crimes: 1) Attempted second degree...

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