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STATE v. MYRAN

No. DA 11-0499.

289 P.3d 118 (2012)

2012 MT 252

STATE of Montana, Plaintiff and Appellee, v. Jay J. MYRAN, Defendant and Appellant.

Supreme Court of Montana.

Decided November 8, 2012.

Attorney(s) appearing for the Case

For Appellant: Colin M. Stephens , Smith & Stephens, P.C., Missoula, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Tammy K. Plubell , Assistant Attorney General, Helena, Montana, Marty Lambert , Gallatin County Attorney, Bozeman, Montana.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 Defendant Jay J. Myran ("Jay") appeals his conviction of deliberate homicide in the Eighteenth Judicial District Court, Gallatin County. We affirm.

ISSUE

¶ 2 We restate the sole issue on appeal as follows:

¶ 3 Did the District Court err by instructing the jury on intoxication in accordance with § 45-2-203, MCA, because the statute violates a criminal...

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