STATE v. SMITH

No. 04-732.

127 P.3d 353 (2005)

2005 MT 325

329 Mont. 526

STATE of Montana, Plaintiff and Respondent, v. Swan Delavergn SMITH, Defendant and Appellant.

Supreme Court of Montana.

Decided December 20, 2005.


Attorney(s) appearing for the Case

For Appellant: Palmer A. Hoovestal, Hoovestal Law Firm, Helena, Montana.

For Respondent: Hon. Mike McGrath, Montana Attorney General, Ilka Becker, Assistant Attorney General, Helena, Montana, Robert J. Long, Lake County Attorney, Mitchell A. Young, Deputy County Attorney, Polson, Montana.


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

¶ 1 Swan Smith (Smith) appeals his conviction of deliberate homicide. We affirm.

ISSUES

¶ 2 A restatement of the issues is:

¶ 3 Did the District Court abuse its discretion in denying Smith's motion for directed verdict?

¶ 4 Did the District Court abuse its discretion when it refused to instruct the jury on...

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