STATE v. FITZPATRICK

No. 13253.

569 P.2d 383 (1977)

The STATE of Montana, Plaintiff and Respondent, v. Bernard James FITZPATRICK, Gary Radi, Travis Holliday, Paul Bad Horse, Jr., and Edwin R. Bushman, Defendants and Appellants.

Supreme Court of Montana.

Decided July 29, 1977.

Rehearing Denied October 19, 1977.


Attorney(s) appearing for the Case

John L. Adams, Jr., argued, Robert L. Stephens, Jr., argued, Reno and Dolve, James Reno argued, Chris J. Nelson argued, Billings, Clarence T. Belue, Hardin, Cate, Lynaugh, Fitzgerald & Huss, Billings, for defendants and appellants.

Michael T. Greely, Atty. Gen., argued, Helena, James E. Seykora, County Atty., argued, Hardin, James Sinclair, Sp. Deputy County Atty., argued, Billings, for plaintiff and respondent.


DALY, Justice.

This is an appeal from the final judgment of the district court, Big Horn County, following a jury trial. Defendants Fitzpatrick and Radi appeal from judgments of conviction for deliberate homicide, aggravated kidnapping and robbery. Defendants Holliday and Bad Horse appeal from judgments of conviction for robbery.

On May 20, 1975, the State of Montana filed an Information charging defendants Fitzpatrick, Radi, Holliday, Bad Horse and Bushman...

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