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STATE v. KYLE

No. 14656.

628 P.2d 263 (1981)

The STATE of Montana, Plaintiff and Respondent, v. Michael Kevin KYLE, Defendant and Appellant.

Supreme Court of Montana.

Decided April 20, 1981.

Attorney(s) appearing for the Case

Daniel Donovan (argued), Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., John Maynard (argued) Asst. Atty. Gen., Helena, J. Fred Bourdeau, Great Falls, for plaintiff and respondent.

SHEEHY, Justice.

On September 11, 1980, this Court granted defendant Michael Kevin Kyle's petition for rehearing of his appeal decided by this Court. See, State v. Kyle, 628 P.2d 260 (1980), 37 St.Rep. 1447. In our order granting rehearing, we limited the issue for review to whether the Sandstrom jury instruction, given at defendant's District Court trial, amounted to prejudicial constitutional error. We hold that the...

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