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STATE v. SCHMALZ

No. 97-245.

964 P.2d 763 (1998)

1998 MT 210

STATE of Montana, Plaintiff and Respondent, v. Kevin SCHMALZ, Defendant and Appellant.

Supreme Court of Montana.

Decided August 25, 1998.

Attorney(s) appearing for the Case

Allen Beck, Billings, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General; Micheal S. Wellenstein, Assistant Attorney General, Helena, Dennis Paxinos, County Attorney, Melanie Logan, Deputy County Attorney, Billings, for Plaintiff and Respondent.

TURNAGE, Chief Justice.

¶ 1 A jury in the Thirteenth Judicial District Court, Yellowstone County, convicted Kevin Schmalz of the attempted deliberate homicide of his mother. He appeals. We affirm.

¶ 2 The issues are whether the case should be reversed for abuse of prosecutorial discretion and whether the District Court erred in refusing the defense's proposed instruction on felony assault.

¶ 3 The State of Montana filed two counts of...

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