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STATE v. HAGEN

No. 94-589.

903 P.2d 1381 (1995)

The STATE of Montana, Plaintiff and Respondent, v. Bruce Holte HAGEN, Defendant and Appellant.

Supreme Court of Montana.

Decided October 17, 1995.

Attorney(s) appearing for the Case

Stephen J. Nardi, Sherlock & Nardi, Kalispell, for appellant.

Joseph P. Mazurek, Attorney General; Kathy Seeley, Assistant Attorney General, Helena; Robert Slomski, County Attorney, Thompson Falls, for respondent.

TURNAGE, Chief Justice.

Bruce Hagen was convicted by a jury in the Twentieth Judicial District Court, Sanders County, of deliberate homicide in violation of § 45-5-102, MCA, and aggravated assault in violation of § 45-5-202, MCA. Hagen appeals the decision of the District Court denying his proposed jury instruction on justifiable use of force in defense of an occupied structure. He also appeals on the grounds of ineffective assistance of counsel. We affirm...

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