State v. Fitzpatrick

The HON. EDWARD T. DUSSAULT, District Judge, sitting in place of MR. JUSTICE JOHN C. HARRISON,

delivered the Opinion of the Court.

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 premeditatedly and with malice aforethought kill and murder one…