STATE v. CASTLE

No. 96-172.

948 P.2d 688 (1997)

STATE of Montana, Plaintiff and Appellee, v. Douglas CASTLE, Defendant and Appellant.

Supreme Court of Montana.

Submitted June 19, 1997.

Decided November 12, 1997.


Attorney(s) appearing for the Case

Vernon E. Woodward, Hendrickson, Everson, Noenning & Woodward, Billings, for Defendant and Appellant.

Dennis Paxinos, Yellowstone County Attorney, Joseph P. Mazurek, Attorney General, Cregg W. Coughlin, Assistant Attorney General, Helena, for Respondent.


HUNT, Justice.

Douglas Castle (appellant) appeals from a jury verdict and judgment of the Thirteenth Judicial District Court, Yellowstone County convicting him of deliberate homicide. We reverse and remand.

Appellant raises two issues on appeal.

1. Did the District Court err when it refused appellant's proposed instruction that assault is a lesser included offense of deliberate homicide?

2. Did the admission of Cassell's hearsay statements...

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