State v. Myran

¶1 Defendant Jay J. Myran (“Jay”) appeals his conviction of deliberate homicide in the Eighteenth Judicial District Court, Gallatin County. We affirm.

ISSUE

¶2 We restate the sole issue on appeal as follows:

¶3 Did the District Court err by instructing the jury on intoxication in accordance with § 45-2-203, MCA, because the statute violates a criminal defendant’s due process right to present a defense?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 Jay’s appeal follows his conviction for deliberate homicide stemming from the shooting of Gayle Brewster (“Gayle”), his former roommate in Three Forks, Montana.…