State v. Sotelo

Appellant Severiano Papio Sotelo appeals a jury verdict finding him guilty of mitigated deliberate homicide. We reverse and remand for a new trial.

On July 27,1982, in Wickes, Montana, a fight occurred between Sotelo and Michael Day. Day died a number of days after the incident. Sotelo was arrested and eventually charged with deliberate homicide. Following trial, the jury found Sotelo guilty of mitigated deliberate homicide.

Sotelo raises the following issues on appeal:

1. Did the District Court err in refusing to give a negligent homicide instruction?.2. Did the District Court err in refusing…