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STATE v. VAN DYKEN

No. 88-038.

791 P.2d 1350 (1990)

State of Montana, Plaintiff and Respondent, v. Fred Daniel VAN DYKEN, Defendant and Appellant.

Supreme Court of Montana.

Decided May 3, 1990.

Rehearing Denied May 25, 1990.

Attorney(s) appearing for the Case

Margaret L. Borg, Public Defender's Office, William Boggs, Missoula, for defendant and appellant.

Marc Racicot, Atty. Gen., Elizabeth S. Baker, Asst. Atty. Gen., Helena, Robert L. Deschamps, III, Missoula, for plaintiff and respondent.

HARRISON, Justice.

Fred Van Dyken appeals the jury decision convicting him of deliberate homicide in the death of Officer Allen Kimery. At the first trial held September 9 through 21, 1985 in Park County, Montana, the jury was unable to reach a verdict after several hours of deliberation. Judge Thomas A. Olson declared a mistrial. A second trial, held June 8 through 26, 1987 in Lewis and Clark County, resulted in a conviction for deliberate homicide. We affirm the...

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