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STATE v. FISH

No. 79-7.

621 P.2d 1072 (1980)

The STATE of Montana, Plaintiff and Respondent, v. Dwayne FISH and John Aldin Hubbard, Defendants and Appellants.

Supreme Court of Montana.

Decided December 30, 1980.

Attorney(s) appearing for the Case

Morrison, Ettien & Barron, Havre, Robert Morrison argued, Havre, Lawrence A. Anderson, argued, Public Defender, Great Falls, for defendants and appellants.

Mike Greely, Atty. Gen., Helena, Mary B. Troland, argued, Asst. Atty. Gen., Helena, J. Fred Bourdeau, County Atty., Great Falls, Thomas N. McKittrick, argued, Deputy County Atty., Great Falls, for plaintiff and respondent.

DALY, Justice.

This is an appeal from a conviction and judgment against the defendant Dwayne Morris Fish of attempted burglary and the defendant John Aldin Hubbard of mitigated deliberate homicide. The convictions followed a jury trial in the District Court of the Eighth Judicial District, County of Cascade.

At approximately 10:00 p.m. on the evening June 27, 1978, Dwayne Fish and Mary Skelton went to Wally's Bar in Black Eagle, Montana, just north and across...

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