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STATE v. HESS

No. 91-005.

828 P.2d 382 (1992)

STATE of Montana, Plaintiff and Respondent, v. Clara M. HESS, Defendant and Appellant.

Supreme Court of Montana.

Decided March 10, 1992.

Rehearing Denied March 31, 1992.

Attorney(s) appearing for the Case

Charles F. Moses (argued), Billings, for defendant and appellant.

Marc Racicot, Atty. Gen., Jennifer Anders (argued), John P. Connor, Asst. Attys. Gen., Helena, William Nels Swandal, County Atty., Livingston, for plaintiff and respondent.

TURNAGE, Chief Justice.

Clara Hess (Clara) appeals her conviction for the mitigated deliberate homicide of her husband, William "Bill" Hess, following a jury trial in the Sixth Judicial District, Park County. We affirm. We rephrase the issues presented on appeal as follows:

1. Did the District Court err in requiring the defendant to submit to a psychiatric and psychological evaluation by the States expert witnesses for use by the State in rebuttal?

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