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STATE v. BYERS

No. 91-406.

861 P.2d 860 (1993)

The STATE of Montana, Plaintiff and Respondent, v. Brett Donald BYERS, Defendant and Appellant.

Supreme Court of Montana.

Decided October 6, 1993.

Rehearing Denied November 4, 1993.

Attorney(s) appearing for the Case

Alexander "Zander" Blewett (argued), Hoyt & Blewett, Great Falls, Wendy Holton, Helena, for defendant and appellant.

Marc Racicot, Atty. Gen., Barbara Harris, Asst. Atty. Gen. (argued), Helena, Mike Salvagni, Gallatin County Atty., Bozeman, for plaintiff and respondent.

WEBER, Justice.

This is an appeal from the final judgment of the District Court of the Eighteenth Judicial District, Gallatin County, entered May 1991. Brett Byers was tried and convicted by a Butte-Silver Bow jury of two counts of deliberate homicide. We affirm the District Court on all issues.

We consider the following issues on appeal:

1. Does Montana's mental disease or defect statute unconstitutionally shift the burden of proof on the issue of...

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