State v. Zampich

Kenneth Zampich was convicted by a jury in the Eighth Judicial District Court of mitigated deliberate homicide. He was sentenced to twelve years in prison, with four of the years suspended. Zampich now appeals his conviction and sentence. We affirm both.

Defendant worked for Gary Wigger as a grain truck driver. On August 26, 1981, defendant, Wigger and Scotty Smith went to the Carter Tavern in Carter, Montana, to drink beer and play pool after work. Ray Cline, the owner, joined them. The pool games and the evening were relatively uneventful. Defendant stopped drinking beer and commenced…