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STATE v. KILLS ON TOP

No. 88-475.

793 P.2d 1273 (1990)

STATE of Montana, Plaintiff and Respondent, v. Vern KILLS ON TOP, Defendant and Appellant.

Supreme Court of Montana.

Decided May 21, 1990.

Rehearing Denied June 15, 1990.

Attorney(s) appearing for the Case

John S. Forsythe, Forsyth, for defendant and appellant.

Clay R. Smith, Asst. Atty. Gen., Helena, Keith D. Haker, County Atty., Miles City, for plaintiff and respondent.

WEBER, Justice.

This is an appeal from the District Court of the Sixteenth Judicial District, Custer County, Montana. Mr. Vern Kills on Top was convicted by jury of robbery, aggravated kidnapping and deliberate homicide. He was sentenced to 40 years for robbery, and sentenced to death for each of the latter two convictions. He appeals both the convictions and the sentences. We affirm.

The issues presented for our review are:

1. Whether the amended...

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