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STATE v. SANDSTROM

No. 14064.

603 P.2d 244 (1979)

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

Supreme Court of Montana.

Decided November 28, 1979.

Attorney(s) appearing for the Case

Byron W. Boggs (argued), Anaconda, for defendant and appellant.

Mike Greely, Atty. Gen. (argued), John Maynard, Asst. Atty. Gen. (argued), Helena, John N. Radonich, County Atty., Anaconda, for plaintiff and respondent.

SHEEHY, Justice.

This case comes to us on remand from the United States Supreme Court under its decision in Sandstrom v. Montana (1979), 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39. The facts are set out in the prior appeal. A detailed recitation of those incidents is not needed here.

On December 2, 1976, David Sandstrom was charged in the District Court, Third Judicial District, County of Deer Lodge, with deliberate homicide...

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