STATE v. DeGRAW

No. 88-258.

764 P.2d 1290 (1988)

STATE of Montana, Plaintiff and Respondent, v. Walter Harry DeGRAW, Defendant and Appellant.

Supreme Court of Montana.

Decided December 2, 1988.


Attorney(s) appearing for the Case

Jeffrey T. Renz, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., Kathy Seeley, Asst. Atty. Gen., Helena, C. Ed Laws, Co. Atty., Columbus, for plaintiff and respondent.


HUNT, Justice.

Walter Harry DeGraw, the defendant, appeals the decision of the District Court of the Thirteenth Judicial District, Stillwater County, denying defendant's motion for a new trial or, in the alternative, a mistrial due to jury misconduct. We affirm in part, reverse in part, and remand for a new trial.

DeGraw raises the following two issues on appeal:

(1) Whether the District Court erred in refusing to grant a new trial or declare a mistrial...

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