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STATE v. SCARBOROUGH

No. 98-314.

14 P.3d 1202 (2000)

2000 MT 301

STATE of Montana, Plaintiff and Respondent, v. Thomas SCARBOROUGH, Defendant and Appellant.

Supreme Court of Montana.

Decided December 5, 2000.

Attorney(s) appearing for the Case

Rebecca T. Dupuis, C. Edward Hayes, Attorneys at Law, Polson, MT, For Appellant.

Hon. Joseph P. Mazurek, Attorney General; Cregg W. Coughlin, Assistant Attorney General; Helena, MT, Kim Christopher, Lake County Attorney; Mitchell A. Young, Deputy Lake County Attorney; Polson, MT, For Respondent.

Justice W. WILLIAM LEAPHART, delivered the Opinion of the Court.

¶ 1 Following a jury trial in the Twentieth Judicial District Court, Lake County, Tom Scarborough was convicted of deliberate homicide, attempted deliberate homicide, and robbery. Scarborough appeals his conviction, alleging certain statements he made to police were improperly admitted at trial, the jury was improperly instructed in the law of mitigated deliberate homicide and a number of other...

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