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STATE v. FITZPATRICK

No. 12531.

516 P.2d 605 (1973)

STATE of Montana, Plaintiff and Respondent, v. Bernard James FITZPATRICK, Defendant and Appellant.

Supreme Court of Montana.

Decided December 4, 1973.

Attorney(s) appearing for the Case

James J. Masar argued, Deer Lodge, for defendant-appellant.

Robert L. Woodahl, Atty. Gen., Helena, Thomas J. Beers argued, Asst. Atty. Gen., Helena, M.K. Daniels, County Atty., Deer Lodge, for plaintiff-respondent.

EDWARD T. DUSSAULT,* District Judge.

The defendant and appellant, Bernard James Fitzpatrick, an inmate of Montana State Prison, was convicted on February 28, 1973, of murder in the second degree upon a jury verdict in the third judicial district, County of Powell.

Appellant and one Gus Hamilton Gardner, another inmate, were charged by information filed October 12, 1972, with "wilfully, wrongfully, unlawfully, deliberately, feloniously...

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