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STATE v. HOWELL

No. 97-243.

954 P.2d 1102 (1998)

1998 MT 20

STATE of Montana, Plaintiff and Respondent, v. Charles HOWELL, Defendant and Appellant.

Supreme Court of Montana.

Decided February 9, 1998.

Attorney(s) appearing for the Case

Deirdre Caughlan, Butte, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General; Cregg Coughlin, Assistant Attorney General, Helena, Robert M. McCarthy, County Attorney; Samm Cox Deputy, County Attorney, Butte, for Plaintiff and Respondent.

LEAPHART, Justice.

¶ 1 Appellant Charles Howell (Howell) was convicted of attempted deliberate homicide and appeals from the Second Judicial District Court's findings of fact, conclusions of law, judgment and order. We affirm.

¶ 2 We address the following issues on appeal:

¶ 3 1. Did the District Court err in refusing to instruct the jury on the offense of attempted mitigated deliberate homicide?

¶ 4 2. Did the District...

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