STATE v. BOOKE

No. 14098.

583 P.2d 405 (1978)

The STATE of Montana, Plaintiff and Respondent, v. Elroy Michael BOOKE, Defendant and Appellant.

Supreme Court of Montana.

Decided August 21, 1978.


Attorney(s) appearing for the Case

Loren Tucker, argued, Red Lodge, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Sheri K. Sprigg, argued, Asst. Atty. Gen., Helena, Arthur W. Ayers, Jr., argued, County Atty., Red Lodge, for plaintiff and respondent.


SHEEHY, Justice.

Defendant, Elroy Michael Booke was convicted on two counts of attempted mitigated deliberate homicide by jury verdict in the District Court of Carbon County. He was thereafter sentenced to two terms of forty years each in the state prison at Deer Lodge, Montana. The sentences are to be served consecutively.

During the early morning hours of April 9, 1977, Laurie Guptill and Gary Segmiller were each...

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