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STATE v. NICHOLS

No. 86-16.

734 P.2d 170 (1987)

STATE of Montana, Plaintiff and Respondent, v. Donald Boone NICHOLS, Defendant and Appellant.

Supreme Court of Montana.

Decided March 4, 1987.

Rehearing Denied April 7, 1987.

Attorney(s) appearing for the Case

Donald E. White (argued), Bozeman, for defendant and appellant.

Mike Greely, Atty. Gen., Judy Browning (argued), Asst. Atty. Gen., Marc Racicot, Asst. Atty. Gen., Sp. Deputy Co. Atty. for Madison County, Helena, John P. Connor, Jr., Co. Atty., Boulder, for plaintiff and respondent.

MORRISON, Justice.

Defendant, Donald Boone Nichols was convicted of aggravated assault, kidnapping and deliberate homicide in the Fifth Judicial District Court of the State of Montana. He appeals the convictions. We affirm.

Appellant and his son, Dan Nichols, began residing permanently in the mountains of southwestern Montana in August of 1983. On July 15, 1984, the Nichols encountered Kari Swenson jogging on a trail near Big Sky, Montana. After a brief conversation...

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