State v. Longneck

Defendant Emil Longneck was convicted of negligent homicide after a jury trial in the District Court of the Thirteenth Judicial District, Yellowstone County. He appeals. We affirm.

The issue is whether the District Court properly enhanced Longneck’s sentence under § 46-18-221, MCA, for the use of a gun.

On November 6, 1989, the body of Winchell Birdtail was found lying in an alley on the south side of Billings, Montana. He had been shot once in the head. His body had apparently been dragged from a motor vehicle and placed in the alley. An autopsy revealed that he had died in the late evening…