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STATE v. HOCEVAR

No. 97-137.

7 P.3d 329 (2000)

2000 MT 157

STATE of Montana, Plaintiff and Respondent, v. Susan HOCEVAR, Defendant and Appellant.

Supreme Court of Montana.

Submitted November 19, 1998.

Decided June 19, 2000.

As Amended on Denial of Rehearing August 31, 2000.

Attorney(s) appearing for the Case

Jay F. Lansing (argued); Moses Law Firm, Billings, Montana, For Appellant.

Hon. Joseph P. Mazurek, Attorney General; John Paulson (argued), Assistant Attorney General; Helena, Montana, Joseph E. Thaggard, Assistant Attorney General, Helena, Montana, Garry P. Bunke, Custer County Attorney, Miles City, Montana, For Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Susan Hocevar (Susan) was convicted by a jury of criminal endangerment with regard to her son Wesley Hocevar's (Wesley) ingestion of an overdose of Benadryl. She appeals from the judgment of the Sixteenth Judicial District Court, Custer County, finding by a preponderance of the evidence that Susan exemplified Munchausen Syndrome By Proxy (MSBP) and smothered her sons Zachary and Mathew, Jr. ...

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