STATE v. KIRKALDIE

No. 14210.

587 P.2d 1298 (1978)

STATE of Montana, Plaintiff and Respondent, v. James Douglas KIRKALDIE, Defendant and Appellant.

Supreme Court of Montana.

Decided October 30, 1978.


Attorney(s) appearing for the Case

Morales, Volinkaty & Harr, Julio K. Morales argued, and Arthur B. Harr argued, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Mike McGrath, Asst. Atty. Gen., argued, Helena, Robert L. Deschamps, III, County Atty., argued, Missoula, for plaintiff and respondent.


HASWELL, Chief Justice.

Defendant appeals from his conviction of negligent homicide following a jury trial in the District Court of Missoula County.

Defendant is James Douglas Kirkaldie, the driver of a 1972 Buick Skylark in which a passenger, 15 year old Douglas Schaffer, was killed. The accident occurred on April 24, 1977, between midnight and 1:00 a.m. on Interstate 90 approximately one and one-half miles west of the Reserve Street exist near Missoula,...

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