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STATE v. LONGSTRETH

No. 98-400.

984 P.2d 157 (1999)

1999 MT 204

STATE of Montana, Plaintiff and Respondent, v. Jody Lynn LONGSTRETH, Defendant and Appellant.

Supreme Court of Montana.

Decided August 31, 1999.

Attorney(s) appearing for the Case

Brian P. Fay, Angel Law Firm; Jennifer Wendt Bordy, Attorney at Law; Bozeman, Montana, for Appellant.

Hon. Joseph P. Mazurek, Attorney General; John Paulson, Assistant Attorney General; Helena, Montana, Marty Lambert, Gallatin County Attorney; Todd Whipple, Deputy County Attorney; Bozeman, Montana, for Respondent.

Scott Albers, Attorney at Law; Great Falls, Montana, for Amicus.

Justice JIM REGNIER delivered the opinion of the Court.

¶ 1 Jody Lynn Longstreth was charged by information in the Eighteenth Judicial District, Gallatin County, with deliberate homicide for stabbing her boyfriend during an argument and causing his death. During a jury trial, she relied on the affirmative defense of justifiable use of force. However, on March 5, 1998, the jury convicted her of the lesser-included offense of negligent homicide. She appeals from...

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