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STATE v. COLLINS

No. 13804.

582 P.2d 1179 (1978)

STATE of Montana, Plaintiff and Respondent, v. William John COLLINS, Defendant and Appellant.

Supreme Court of Montana.

Decided July 14, 1978.

Rehearing Denied August 21, 1978.

Attorney(s) appearing for the Case

Smith, Emmons, Baillie & Walsh, Great Falls, Robert J. Emmons, argued, Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Allen B. Chronister, Asst. Atty. Gen., argued, Helena, J. Fred Bourdeau, County Atty., Great Falls, Nicholas Browning, III, Deputy Co. Atty., appeared, Great Falls, for plaintiff and respondent.

SHEEHY, Justice.

Defendant William John Collins was charged in the District Court, Cascade County, with the offense of deliberate homicide. Upon his plea of not guilty, after trial, the jury returned a verdict of guilty of mitigated deliberate homicide. Judgment of conviction was entered, and defendant was sentenced to imprisonment for a term of forty years. From judgment and denial of a new trial, defendant appeals.

Without question, on April 23, 1973, defendant...

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