STATE v. CLOSE

No. 13522.

623 P.2d 940 (1981)

The STATE of Montana, Plaintiff and Respondent, v. Robert Dee CLOSE, a/k/a Bobby Dee Close, Defendant and Appellant.

Supreme Court of Montana.

Decided February 9, 1981.


Attorney(s) appearing for the Case

Terence M. Swift argued, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Sheri Sprigg argued, Asst. Atty. Gen., Helena, Harold F. Hanser, County Atty., Billings, Charles Bradley argued, Deputy County Atty., Billings, for plaintiff and respondent.


HARRISON, Justice.

This is an appeal from a judgment entered on a jury verdict in the Thirteenth Judicial District, Yellowstone County, Montana. On June 3, 1976, the jury found defendant guilty of the following crimes, all arising out of one incident: Count I, deliberate homicide, section 45-5-102, MCA; Count II, aggravated kidnapping, section 45-5-303, MCA; and Count III, robbery, section 45-5-401, MCA. On June 10, 1976,

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