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STATE v. RODRIGUEZ

No. 80-160.

628 P.2d 280 (1981)

STATE of Montana, Plaintiff and Respondent, v. Anthony RODRIGUEZ, Defendant and Appellant.

Supreme Court of Montana.

Decided April 20, 1981.

Rehearing Denied May 26, 1981.

Attorney(s) appearing for the Case

Moses Law Firm, Michael Moses argued, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., John Maynard argued, Asst. Atty. Gen., Helena, Harold F. Hanser, County Atty., Robert Waller argued, Deputy County Atty., Billings, for plaintiff and respondent.

SHEA, Justice.

Anthony Rodriguez appeals his conviction of deliberate homicide following a jury trial in the Yellowstone County District Court. He was sentenced to a term of 40 years imprisonment.

The defendant challenges the transfer of his case from Youth Court to District Court, the sufficiency of the evidence to convict him, and the trial court instructions to the jury on the statutory mental states "purposely" and "knowingly." In addition, he raises several...

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