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STATE v. KELLER

No. 13073.

553 P.2d 1013 (1976)

STATE of Montana, Plaintiff and Respondent, v. Robert A. KELLER, Defendant and Appellant.

Supreme Court of Montana.

Decided August 20, 1976.

Attorney(s) appearing for the Case

Graybill, Ostrem, Warner & Crotty, Great Falls, Gregory Warner (argued), Great Falls, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Helena, Lon J. Maxwell, Asst. Atty. Gen., (argued), Helena, James Masar, County Atty., Deer Lodge, Daniels & Mizner, Ted L. Mizner, Deer Lodge, for plaintiff and respondent.

HASWELL, Justice.

Defendant appeals from his conviction of mitigated deliberate homicide in the strangulation death of his wife following trial by jury in the district court for Powell County.

On March 16, 1974, the nude body of the deceased, Gloria Keller, was found between Avon and Elliston in Powell County, Montana, hidden in an old rusted car body. Dr. John Pfaff, a forensic pathologist, concluded death was by strangulation by her brassiere found wrapped...

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