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STATE v. SUNDAY

No. 14591.

609 P.2d 1188 (1980)

STATE of Montana, Plaintiff and Respondent, v. Andrew C. SUNDAY, Defendant and Appellant.

Supreme Court of Montana.

Decided March 27, 1980.

Dissenting Opinion May 5, 1980.

Attorney(s) appearing for the Case

A. Michael Salvagni, argued, Bozeman, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Richard A. Larson, argued, Asst. Atty. Gen., Helena, Charles A. Graveley, argued, County Atty., Helena, for plaintiff and respondent.

SHEEHY, Justice.

Andrew C. Sunday appeals from convictions entered in the District Court, First Judicial District, Lewis and Clark County, on charges of deliberate homicide, burglary and theft, in violation of sections 45-5-102, 45-6-204 and 45-6-301, MCA, respectively.

Sunday came to Montana in early September 1977 with James Wilson, Donna Mitchell and Mitchell's three year old daughter. On September 4, 1977, they stopped their car at a rest area on Highway...

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