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STATE v. BURKHART

No. 03-108.

103 P.3d 1037 (2004)

2004 MT 372

325 Mont. 27

STATE of Montana, Plaintiff and Respondent, v. Richard Earl BURKHART, Defendant and Appellant.

Supreme Court of Montana.

Submitted July 13, 2004.

Decided December 23, 2004.

Attorney(s) appearing for the Case

Kristina Guest (argued), Assistant Appellant Defender, Helena, Montana, for Appellant.

Hon. Mike McGrath, Attorney General; Jim Wheelis (argued), Assistant Attorney General, Helena, Montana Brant Light, Cascade County Attorney; John Parker, Deputy County Attorney, Great Falls, Montana, for Respondent.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Defendant Richard Earl Burkhart (Burkhart) was convicted by a jury in the Eighth Judicial District Court, Cascade County, on one count of deliberate homicide, felony-murder. Burkhart appeals his conviction. We affirm.

¶ 2 The following issues are presented on appeal:

¶ 3 1. Whether the District Court correctly denied Burkhart's motion to dismiss on the grounds the State's accomplice...

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