State v. Lowery

This is an appeal from an order denying and dismissing two motions heard upon a petition for a writ of error coram nobis.

This cause arose in Butte, Silver Bow County, Montana, where appellant was charged with the crime of first degree murder committed on January 8, 1963. A shooting occurred in the early morning hours in the home of the appellant. From the record it appears that appellant fired three shots at the victim, Donald McKay, with a 30-30 rifle. The third shot struck McKay in the head, killing him instantly.

After the killing the police took appellant to the city jail, fingerprinted…