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STATE v. LONDON

No. 9721.

310 P.2d 571 (1957)

STATE of Montana, Plaintiff and Respondent, v. Floyd C. LONDON, Defendant and Appellant.

Supreme Court of Montana.

Decided April 9, 1957.

As Amended on Denial of Rehearing May 10, 1957.

Attorney(s) appearing for the Case

Longan & Jones, Billings, Raymond Hildebrand, Glendive, Glendive, Franklin S. Longan, Billings, for appellant. Raymond Hildebrand and Franklin S. Longan, argued orally.

Arnold H. Olsen, Atty. Gen., Forrest H. Anderson, former Atty. Gen., William F. Crowley, Asst. Atty. Gen., Roland V. Colgrove, Asst. Atty. Gen., Roland V. Colgrove, Sp. Prosecutor, Miles City, B. Miles Larson, County Atty., Circle, for respondent. William F. Crowley, Asst. Atty. Gen, and Roland V. Colgrove, Sp. Prosecutor, argued orally.

HARRISON, Chief Justice.

This is an appeal by the defendant from a judgment entered upon a verdict of guilty of murder in the second degree.

During the year 1955, and for some years prior thereto, the defendant operated a grain farm in conjunction with his son, Billy, near Circle, Montana. On or about August 6, 1955, they had employed upon the ranch Marvin Byron, Troy Crosley and one Ed Schafer, whose nickname was "Missouri." At this time of the year they...

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