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STATE v. HAMILTON

No. 14677.

605 P.2d 1121 (1980)

STATE of Montana, Plaintiff and Respondent, v. Edwin Grant HAMILTON, Defendant and Appellant.

Supreme Court of Montana.

Decided January 17, 1980.

Attorney(s) appearing for the Case

D. Frank Kampfe argued and Sally M. Johnson argued, Red Lodge, for defendant and appellant.

Mike Greely, Atty. Gen., Sheri Sprigg argued, Asst. Atty. Gen., Helena, Pablo Perhacs, County Atty., Arthur Ayers, Special Asst. Atty. Gen., argued, Red Lodge, for plaintiff and respondent.

HASWELL, Chief Justice.

Edwin Grant Hamilton appeals from his conviction by a jury in Carbon County of the crime of mitigated deliberate homicide. This Court heard oral argument upon the matter on June 5, 1979. On June 18, 1979, the United States Supreme Court decided the case of Sandstrom v. Montana (1979), 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39. The Sandstrom case was decided before this Court had decided the present...

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