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STATE v. KNIGHT

No. 91-023.

822 P.2d 99 (1991)

STATE of Montana, Plaintiff and Respondent, v. Michael KNIGHT, Defendant and Appellant.

Supreme Court of Montana.

Decided December 3, 1991.

Attorney(s) appearing for the Case

Gary E. Wilcox, Billings, for defendant and appellant.

Marc Racicot, Atty. Gen., Helena, Deanne L. Sandholm, Asst. Atty. Gen., Helena, Dennis Paxinos, County Atty., Billings, for plaintiff and respondent.

TURNAGE, Chief Justice.

A jury in the District Court for the Thirteenth Judicial District, Yellowstone County, found Michael Knight guilty of deliberate homicide and attempted deliberate homicide. Knight appeals. We affirm.

The issue is whether the jury was properly instructed on the lesser included offense of mitigated deliberate homicide.

This case arose from a drug deal gone sour. In January 1990, Knight and his longtime friend Donald Brey agreed...

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