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STATE v. COX

No. 93-114.

879 P.2d 662 (1994)

STATE of Montana, Plaintiff and Respondent, v. Gary Allen COX, Defendant and Appellant.

Supreme Court of Montana.

Decided August 9, 1994.

Attorney(s) appearing for the Case

J. Mayo Ashley, William F. Hooks, Appellate Defender's Office, Helena, for appellant.

Joseph P. Mazurek, Atty. Gen., John P. Connor, Jr., Pamela P. Collins, Asst. Attys. Gen., Helena, Christopher Miller, Powell County Atty., Deer Lodge, for respondent.

HARRISON, Justice.

Appellant Gary Alan Cox (Cox) appeals the Third Judicial District Court, Powell County, jury verdict convicting him of two counts of kidnapping, pursuant to § 45-5-302, MCA; burglary, pursuant to § 45-6-204, MCA; and five counts of deliberate homicide pursuant to § 45-5-102(1)(b), MCA, the felony murder rule. We affirm.

The following issues are presented on appeal:

1. Did the District Court abuse its discretion when...

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