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STATE v. SOTELO

No. 83-293.

679 P.2d 779 (1984)

STATE of Montana, Plaintiff and Respondent, v. Severiano Papio SOTELO, a/k/a Pete Sotelo, Defendant and Appellant.

Supreme Court of Montana.

Decided April 3, 1984.

Attorney(s) appearing for the Case

Brad L. Belke argued, Butte, for defendant and appellant.

Mike Greely, Atty. Gen., Jim M. McLean argued, Asst. Atty. Gen., Helena, John P. Connor, Jr. argued, County Atty., Boulder, for plaintiff and respondent.

HASWELL, Chief Justice.

Appellant Severiano Papio Sotelo appeals a jury verdict finding him guilty of mitigated deliberate homicide. We reverse and remand for a new trial.

On July 27, 1982, in Wickes, Montana, a fight occurred between Sotelo and Michael Day. Day died a number of days after the incident. Sotelo was arrested and eventually charged with deliberate homicide. Following trial, the jury found Sotelo guilty of mitigated deliberate homicide.

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