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STATE v. AZURE

No. 04-603.

125 P.3d 1116 (2005)

2005 MT 328

329 Mont. 536

STATE of Montana, Plaintiff and Respondent, v. Donald Eugene AZURE, Defendant and Appellant.

Supreme Court of Montana.

Decided December 20, 2005.

Attorney(s) appearing for the Case

For Appellant: Travis Cushman, Great Falls, Montana.

For Respondent: Mike McGrath, Montana Attorney General, Jim Wheelis, Assistant Attorney General, Helena, Montana, Brant S. Light, Cascade County Attorney, Great Falls, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Following a four-day jury trial in January 2004, Donald Azure (Azure) was convicted by unanimous verdict of felony deliberate homicide and felony criminal endangerment. He appeals on the grounds that the jury was impaneled improperly and that the District Court gave an erroneous jury instruction for the charge of criminal endangerment. We affirm.

ISSUES

¶ 2 A restatement...

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