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STATE v. MAGRUDER

No. 88-156.

765 P.2d 716 (1988)

STATE of Montana, Plaintiff and Respondent, v. Scott Clyde MAGRUDER, Defendant and Appellant.

Supreme Court of Montana.

Decided November 17, 1988.

Attorney(s) appearing for the Case

Arthur J. Thompson, Thompson & Sessions, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., Joe R. Roberts, Asst. Atty. Gen., Helena, Harold F. Hanser, County Atty., Billings, for plaintiff and respondent.

WEBER, Justice.

This case arises out of the District Court for the Thirteenth Judicial District, Yellowstone County. Mr. Magruder was convicted of felony assault and mitigated deliberate homicide, in a jury trial. He appeals. We affirm.

The issues are:

1. Did the District Court err by allowing the testimony of the victim's daughter regarding the telephone call from Mr. Magruder to the victim?

2. Were Mr. Magruder's proximate cause instructions...

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