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STATE v. DANIELS

No. 82-438.

682 P.2d 173 (1984)

STATE of Montana, Plaintiff and Respondent, v. Nolan T. DANIELS, Defendant and Appellant.

Supreme Court of Montana.

Decided May 15, 1984.

Attorney(s) appearing for the Case

Leaphart Law Firm, W. William Leaphart argued, Helena, Schulz, Davis & Warren, John Warren argued, Dillon, for defendant and appellant.

Mike Greely, Atty. Gen., Patricia J. Schaeffer, Asst. Atty. Gen., Helena, W.G. Gilbert, III, County Atty., Dillon, for plaintiff and respondent.

SHEEHY, Justice.

We reverse for a new trial the judgment of conviction Nolan T. Daniels for mitigated deliberate homicide following jury trial in Beaverhead County, Fifth Judicial District.

Nolan T. Daniels, a 43-year-old ranch hand, had lived in the Beaverhead County area for about ten years, until 1981, during which time he did ranch work and tended bar. Jimmy John Nolan, the victim in this case, was also a ranch hand and a resident of the Beaverhead County...

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