STATE v. KUTNYAK

No. 82-462.

685 P.2d 901 (1984)

STATE of Montana, Plaintiff and Respondent, v. Joseph KUTNYAK, Defendant and Appellant.

Supreme Court of Montana.

Decided July 3, 1984.

Rehearing Denied August 2, 1984.


Attorney(s) appearing for the Case

Jeffrey H. Langton argued, Hamilton, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Dorothy McCarter argued, Asst. Atty. Gen., Helena, Robert B. Brown, County Atty., Hamilton, Margaret Tonon argued, Deputy County Atty., Hamilton, for plaintiff and respondent.


HARRISON, Justice.

This is an appeal from the District Court of the Fourth Judicial District, County of Ravalli, from the conviction of the crime of mitigated deliberate homicide following a jury trial. The appellant, Joseph Kutnyak, was sentenced to thirty years in the State Prison.

We affirm.

The appellant shot and killed Charles Hayes on February 19, 1982. Prior to this killing there were a number of rather complicated incidents and contradictory...

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