STATE v. FORSYTH

No. 86-492.

761 P.2d 363 (1988)

STATE of Montana, Plaintiff and Respondent, v. Jerry Paul FORSYTH, Defendant and Appellant.

Supreme Court of Montana.

Decided August 25, 1988.


Attorney(s) appearing for the Case

Keller & German, Robert S. Keller, argued, Kalispell, for defendant and appellant.

Mike Greely, Atty. Gen., Robert F.W. Smith, argued, Asst. Atty. Gen., Helena, Ted O. Lympus, argued, County Atty., Kalispell, for plaintiff and respondent.


McDONOUGH, Justice.

Forsyth appeals his conviction for deliberate homicide. This case first went to trial in Kalispell in 1980, and resulted in a conviction this Court reversed because the jury was not instructed on the elements of deliberate homicide. State v. Forsyth (1982), 197 Mont. 248, 642 P.2d 1035. A second trial at Polson in 1982 resulted in a hung jury. The third trial at Kalispell in 1985 resulted in the conviction...

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