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STATE v. MUSGROVE

No. 82-32.

655 P.2d 982 (1982)

STATE of Montana, Plaintiff and Respondent, v. Thurman J. MUSGROVE, Defendant, v. INTERNATIONAL FIDELITY INSURANCE COMPANY, Bonding Company, Petitioner and Appellant.

Supreme Court of Montana.

Decided December 29, 1982.

Attorney(s) appearing for the Case

C.J. Tornabene argued, Missoula, for petitioner and appellant.

Mike Greely, Atty. Gen., Helena, Sarah Powers argued, Asst. Atty. Gen., Helena, M. Shaun Donovan, County Atty., Superior, for plaintiff and respondent.

HARRISON, Justice.

Defendant appeals a Mineral County judgment finding him guilty, for a second time, of mitigated deliberate homicide. The judgment in this case arises from a retrial this Court ordered in State v. Musgrove (1978), 178 Mont. 162, 582 P.2d 1246.

This time, defendant presents four issues to this Court. First, defendant contends the District Court erred by discussing issues of the case with prospective...

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