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STATE v. BUCKLEY

No. 13336.

557 P.2d 283 (1976)

The STATE of Montana, Plaintiff and Respondent, v. Gary Lynn BUCKLEY, Defendant and Appellant.

Supreme Court of Montana.

Decided December 15, 1976.

Attorney(s) appearing for the Case

Fennessy, Crocker & Harman, David W. Harman (argued), Jean Ellison, Donald L. Shaffer, Libby, for defendant-appellant.

Robert L. Woodahl, Atty. Gen., Lon J. Maxwell, Asst. Atty. Gen. (argued), Helena, William A. Douglas, County Atty. (argued), Libby, for plaintiff and respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal from a jury verdict of guilty, and sentence of 100 years in the state prison of the district court, Lincoln County.

The essential facts began in late June 1975 and culminated with the homicide of James A. McIntyre on July 4, 1975. McIntyre, a newcomer to Eureka, Montana, was working on a ranch in the vicinity and staying at the DeLong cabin near Glen Lake, with the consent of the owner. On July 3, 1975, Gary...

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