Legal Opinion

State v. Duncan

Montana Supreme Court

Decided February 14, 1991No. 90-213PublishedCited by 8 opinions

1Opinion of the CourtChief Justice Turnage

Roy Lee Duncan appeals his convictions of robbery and deliberate homicide through accountability following a jury trial in the First Judicial District, Broadwater County. We affirm.

Duncan presents the following issues on appeal:

1. Were Ursla Smith, Sherry Hendricks and Ginny Penn accomplices, and if so, did independent evidence sufficiently corroborate the accomplice testimony?

2. Is the evidence in this case sufficient to support a conviction of deliberate homicide through accountability?

3. Is the felony murder rule under § 45-5-102(l)(b), MCA, constitutional?

In July, 1989, Roy Lee Duncan,…

2Cases cited6 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. State v. GeymanMontana Supreme Court · 1986
  3. State v. GilpinMontana Supreme Court · 1988
  4. State v. WilsonMontana Supreme Court · 1981
  5. State v. NordahlMontana Supreme Court · 1984

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

3Cited by8 opinions

  1. State v. GollehonMontana Supreme Court · 1993
  2. State v. TurnerMontana Supreme Court · 1993
  3. State v. JohnsonMontana Supreme Court · 1996
  4. State v. GollehonMontana Supreme Court · 1993
  5. State v. GollehonMontana Supreme Court · 1993

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

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