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STATE v. LONGNECK

No. 81-239.

640 P.2d 436 (1981)

The STATE of Montana, Plaintiff and Appellant, v. Emil LONGNECK, Defendant and Respondent.

Supreme Court of Montana.

Decided December 22, 1981.

Rehearing Denied February 17, 1982.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Chris Tweeten argued, Asst. Atty. Gen., Helena, Ronald W. Smith, County Atty., Havre, for plaintiff and appellant.

Morrison, Ettien & Barron, J. Chan Ettien argued, Havre, for defendant and respondent.

SHEEHY, Justice.

On November 19, 1980, Emil Longneck was charged with deliberate homicide under a felony-murder theory in the District Court of the Twelfth Judicial District, Hill County. A jury found him not guilty of deliberate homicide but guilty of the lesser-included offense of aggravated assault. Upon motion by the defendant, the District Court entered an order acquitting the defendant notwithstanding the verdict. The State appeals the District Court's order...

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