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STATE v. AZURE

No. 14373.

587 P.2d 1297 (1978)

STATE of Montana, Plaintiff and Respondent, v. David L. AZURE, Defendant and Appellant.

Supreme Court of Montana.

Decided November 1, 1978.

As Amended November 6, 1978.

Attorney(s) appearing for the Case

Sias, Ranstrom & Graham, Chinook, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, William M. Solem, County Atty., Chinook, for plaintiff and respondent.

HASWELL, Chief Justice.

Defendant appeals from the sentence imposed upon him following his conviction of mitigated deliberate homicide in the District Court of Phillips County.

This appeal marks the second time this case has been before this Court. See State v. Azure (1977), Mont., 573 P.2d 179, 34 St.Rep. 1569. While we held the District Court erred in not allowing defendant...

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