State v. German

¶1 Bryan Lee German appeals from the judgment entered against him by the Sixteenth Judicial District Court, Custer County, on a jury verdict finding him guilty of attempted felony assault and deliberate homicide. We affirm.

¶2 The issue is whether the District Court abused its discretion in refusing to instruct the jury on the lesser-included offense of negligent homicide.

¶3 Early on the morning of June 12,1998, Willie Gonzales followed German home from work after both young men got off their night shift jobs at the Wal-Mart store in Miles City, Montana. German parked his car outside the…