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STATE v. CLOSE

No. 93-370.

881 P.2d 1312 (1994)

STATE of Montana, Plaintiff and Respondent, v. Robert Dee CLOSE, Defendant and Appellant.

Supreme Court of Montana.

Decided September 15, 1994.

Attorney(s) appearing for the Case

Gregory A. Jackson, Jackson & Rice, William F. Hooks, Appellate Defender, Helena, for appellant.

Joseph P. Mazurek, Atty. Gen., Joseph E. Thaggard and Barbara C. Harris, Asst. Attys., Gen., Helena; Christopher Miller, County Atty., Deer Lodge, for respondent.

TURNAGE, Chief Justice.

Robert Dee Close was convicted in a jury trial in the District Court for the Third Judicial District, Powell County, of burglary, five counts of deliberate homicide, and sexual intercourse without consent by accountability. He appeals. We affirm.

The issues are:

1. Did the District Court err in refusing to instruct the jury on the defense of necessity?

2. Did the court err in allowing admission of the autopsy photographs...

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