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STATE v. MUSGROVE

No. 13839.

582 P.2d 1246 (1978)

The STATE of Montana, Plaintiff and Respondent, v. Thurman Jerrel MUSGROVE, Defendant and appellant.

Supreme Court of Montana.

Decided August 10, 1978.

Attorney(s) appearing for the Case

Garrity & Keegan, Donald A. Garrity argued, Helena, James R. Gillespie, San Antonio, Tex., for defendant and appellant.

Mike Greely, Atty. Gen., Helena, John Denny Moreen, Asst. Atty. Gen., argued, Helena, John Henson appeared, County Atty., Superior, Dennis E. Lind appeared, Missoula, for plaintiff and respondent.

SHEEHY, Justice.

Defendant, Thurman J. Musgrove, was charged with the crime of deliberate homicide, a felony, in the District Court, Fourth Judicial District, Mineral County, arising out of the death of John Linker, at Tarkio, Montana, on May 7, 1976. Defendant entered his plea of not guilty of the charge. He was tried in the District Court, before a jury, and on February 5, 1977, a verdict was returned finding the defendant guilty of mitigated deliberate homicide...

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