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STATE v. FINA

No. 93-292.

902 P.2d 30 (1995)

STATE of Montana, Plaintiff and Respondent, v. George FINA, Defendant and Appellant.

Supreme Court of Montana.

Decided August 25, 1995.

Rehearing Denied September 21, 1995.

Attorney(s) appearing for the Case

Charles F. Moses, Moses Law Firm, Billings, for appellant.

Joseph P. Mazurek, Attorney General, Chris D. Tweeten, Ass't Attorney General, Helena, Dennis Paxinos, Yellowstone County Attorney, Shelly J. Briney, Deputy County Attorney, Billings, for respondent.

GRAY Jsutice.

George Fina (Fina) appeals from orders of the Thirteenth Judicial District Court, Yellowstone County, denying his motions for a new trial and from the Judgment and Commitment entered on the jury verdict finding him guilty of the offense of deliberate homicide. We affirm.

We restate the issues on appeal as follows:

1. Did the District Court abuse its discretion in denying Fina's motion for a new trial based on newly discovered evidence...

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