Legal Opinion

State v. Howell

Montana Supreme Court

Decided February 9, 1998No. 97-243PublishedCited by 21 opinions

1Opinion of the CourtJustice Leaphart

¶1 Appellant Charles Howell (Howell) was convicted of attempted deliberate homicide and appeals from the Second Judicial District Court’s findings of fact, conclusions of law, judgment and order. We affirm.

¶2 We address the following issues on appeal:

¶3- 1. Did the District Court err in refusing to instruct the jury on the offense of attempted mitigated deliberate homicide?

¶4 2. Did the District Court err in refusing to instruct the jury on the offenses of aggravated and felony assault?

Factual and Procedural Background

¶5 On April 1, 1996, Howell and his roommate, Gary Cargle (Cargle) were at…

2Cases cited7 opinions

  1. State v. CastleMontana Supreme Court · 1997
  2. State v. BrandonMontana Supreme Court · 1994
  3. State v. GouletMontana Supreme Court · 1997
  4. State v. GopherMontana Supreme Court · 1981
  5. State v. WilliamsMontana Supreme Court · 1993

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State v. BeaversMontana Supreme Court · 1999
  2. Smith v. MahoneyCourt of Appeals for the Ninth Circuit · 2010
  3. State v. MartinMontana Supreme Court · 2001
  4. State v. JayMontana Supreme Court · 2013
  5. State v. SchmalzMontana Supreme Court · 1998

16 more not listed; retrieve them via the Exa API.

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