Fjelstad v. State

This is an appeal of the judgment and jury verdict entered by the Sixteenth Judicial District Court, Treasure County. We reverse and remand for a new trial.

The issues on appeal are as follows:

1. Did the District Court err in not approving the stipulation for change of venue?

2. Did the District Court err in refusing to remove two jurors for cause?

3. Did the District Court err in regard to the requirements of Senate Bill 212, as amending § 27-1-703, MCA?

FACTS

This case was previously before this Court in Fjelstad v. State (1994), 267 Mont. 211, 883 P.2d 106. Ellen Fjelstad was driving her car…