STATE v. HAGERUD

No. 13760.

570 P.2d 1131 (1977)

The STATE of Montana, Plaintiff and Appellant, v. Darol D. HAGERUD, Defendant and Respondent.

Supreme Court of Montana.

Decided November 2, 1977.

Rehearing Denied November 17, 1977.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, William A. Douglas, County Atty., argued, Libby, Ian Christopherson, Legal Intern, argued, for plaintiff and appellant.

Morrison & Hedman, Frank Morrison, Sr., argued, Whitefish, for defendant and respondent.


HASWELL, Justice.

Following a nonjury evidentiary hearing, the District Court of Lincoln County entered judgment acquitting defendant of deliberate homicide on the grounds of mental defect excluding responsibility. The state appeals from this judgment, or in the alternative seeks review and reversal by writ of supervisory control.

During the late afternoon, September 13, 1976, at the Frontier Bar in Rexford, Montana, defendant was drinking and playing pool...

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