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STATE v. GERMAN

No. 99-470.

30 P.3d 360 (2001)

2001 MT 156

STATE of Montana, Plaintiff and Respondent, v. Bryan Lee GERMAN, Defendant and Appellant.

Supreme Court of Montana.

Decided August 14, 2001.

Attorney(s) appearing for the Case

For Appellant: Gary E. Wilcox, Attorney at Law, Billings, MT.

For Respondent: Hon. Joseph P. Mazurek, Attorney General; Jim Wheelis, Assistant Attorney General, Helena, MT, Colleen I. Magera, Custer County Attorney, Joseph Thaggard, Special Deputy County Attorney, Miles City, MT.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Bryan Lee German appeals from the judgment entered against him by the Sixteenth Judicial District Court, Custer County, on a jury verdict finding him guilty of attempted felony assault and deliberate homicide. We affirm.

¶ 2 The issue is whether the District Court abused its discretion in refusing to instruct the jury on the lesser-included offense of negligent homicide.

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