STATE v. ALLIES

No. 80-240.

621 P.2d 1080 (1980)

STATE of Montana, Plaintiff and Appellant, v. Guy John ALLIES, Defendant and Respondent.

Supreme Court of Montana.

Decided December 31, 1980.

Rehearing Denied January 26, 1981.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Harold F. Hanser, County Atty., Billings, Klaus P. Richter argued, Deputy County Atty., Billings, for plaintiff and appellant.

Richter & Lerner, Alan J. Lerner argued, Billings, for defendant and respondent.


HASWELL, Chief Justice.

Defendant Guy John Allies was convicted of four counts of mitigated deliberate homicide following a jury trial in Yellowstone County District Court. He was sentenced to serve consecutive terms of 40 years imprisonment on each count in the Montana State Prison, without possibility of parole. On December 31, 1979, this Court reversed the defendant's conviction and remanded the case for a new trial.

On remand the State charged the defendant...

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