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State v. Bier

Supreme Court of Montana
591 P.2d 1115 (1979)


Facts

On June 25, 1977, Mr. Bier (defendant) and his wife argued. Both had been drinking alcohol prior to the argument. When Bier attempted to leave his bedroom, his wife blocked his way. Bier then pulled a gun from its holster, cocked it, and threw it on the bed. He told his wife that if she wanted to stop him from leaving, she would have to shoot him. Bier’s wife grabbed the gun and pointed it at her head. Bier then grabbed or slapped at the gun in an effort to redirect its aim. The gun discharged, and Bier’s wife died from the bullet wound. Bier was convicted of negligent homicide. He appealed, arguing that the prosecution had failed to prove that he acted with conscious disregard for his wife’s life.

Rule of Law

Issue

Holding and Reasoning (Shea, J.)

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