State v. Spurlock, 86-375
| Docket Nº | No. 86-375 |
| Citation | 731 P.2d 1315, 225 Mont. 238 |
| Case Date | February 03, 1987 |
| Court | United States State Supreme Court of Montana |
Page 1315
v.
Floyd Lenard SPURLOCK, Defendant and Appellant.
Decided Feb. 3, 1987.
Page 1316
Moses Law Firm, Stephen C. Moses and Charles F. Moses argued, Billings, for defendant and appellant.
Mike Greely, Atty. Gen., Helena, James M. Scheier, Asst. Atty. Gen., Helena, Susan Loehn, argued, Co. Atty., Libby, for plaintiff and respondent.
TURNAGE, Chief Justice.
Floyd Lenard Spurlock, defendant and appellant, was charged by [225 Mont. 239] information filed in the District Court of the Nineteenth Judicial District, Lincoln County, with the offense of deliberate homicide for the killing of Ron Meyer. On a plea of not guilty, trial commenced on June 5, 1986. Following deliberations, the jury returned a verdict of guilty. Spurlock was sentenced to sixty-five years' imprisonment, with an additional five years imposed for use of a dangerous weapon. Spurlock appeals both the verdict and the sentence.
Spurlock and three friends entered the Eagles Club Bar in Libby, Montana, at about 10:00 p.m. on December 13, 1985. They danced with several women who were there. Later, Spurlock got into an argument with some of the women they were dancing with and called them derogatory names. One of the women, Monica Obermeyer, pushed him into a chair. Three bouncers rushed to the area to prevent any further fighting. At some point soon after this, Spurlock was seen by several people in the bar with a knife in his hand. He also began making threatening remarks to the effect of: "If my buddies and I do not get out of here, I will start slicing people up."
Spurlock was asked to leave, and he complied. However, on the way out, he got into an argument with Ron Meyer. Spurlock hit Meyer, and Meyer fell. Spurlock then ran out of the bar. He was seen wiping something off and putting it into his pocket. Meyer was taken to a back room of the bar. It was discovered that he had been stabbed, and he could not be revived. It was determined later that he was killed by a sharp instrument which pierced the breast bone and penetrated his heart.
Sheriff's deputies arrived at the Eagles Club at about 10:50 p.m. Spurlock's friends were taken into custody, but Spurlock was no longer there. He had gone to the Caboose Bar, only a short distance away, and then went home.
Officers arrested Spurlock at his home later that same night. Upon searching the residence, they found a pair of jeans in the bottom of his clothes hamper. They were wet and contained his wallet in a rear pocket. The right front pocket of the jeans was stained with blood. A white T-shirt belonging to Spurlock was also found, and it was stained with blood. The homicide weapon was never found.
Spurlock denied any involvement in the stabbing and denied having a pocket knife; however, one of his friends testified that he had seen Spurlock with a pocket...
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State v. Krantz, 88-129
...create a separate crime or element of a crime. State v. Forsyth (1988), 233 Mont. 389, ----, 761 P.2d 363, 384; State v. Spurlock (1987), 225 Mont. 238, 241, 731 P.2d 1315, 1317; State v. Davison (1980), 188 Mont. 432, 445, 614 P.2d 489, 497. We reaffirm those decisions. The Montana legisla......
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Nichols v. McCormick, CV-89-028-BU.
...v. Krantz, ___ Mont. ___, 788 P.2d 298 47 St.Rptr. 454 (1990); State v. Forsyth, 233 Mont. 389, 761 P.2d 363 (1988); State v. Spurlock, 225 Mont. 238, 731 P.2d 1315 The gravamen of Nichols' position lies in his assertion that Mont.Code Ann. § 46-18-221 creates a separate offense calling for......
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State v. Guillaume, 97-291
...241 Mont. 501, 512, 788 P.2d 298, 305 (citing State v. Forsyth (1988), 233 Mont. 389, 423, 761 P.2d 363, 384; State v. Spurlock(1987), 225 Mont. 238, 241, 731 P.2d 1315, 1317; State v. Davison (1980), 188 Mont. 432, 445, 614 P.2d 489, 497). However, Guillaume argues that the weapon enhancem......
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In re Marriage of Hochhalter, 00-661.
...to assign any value to an item of property that is within the range of values offered into evidence. See In re Marriage of Lopez (1992), 225 Mont. 238, 243, 841 P.2d 1122, 1125. Because $100 is clearly within the range of values presented, we conclude the District Court did not abuse its di......
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State v. Krantz, No. 88-129
...create a separate crime or element of a crime. State v. Forsyth (1988), 233 Mont. 389, ----, 761 P.2d 363, 384; State v. Spurlock (1987), 225 Mont. 238, 241, 731 P.2d 1315, 1317; State v. Davison (1980), 188 Mont. 432, 445, 614 P.2d 489, 497. We reaffirm those decisions. The Montana legisla......
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Nichols v. McCormick, No. CV-89-028-BU.
...v. Krantz, ___ Mont. ___, 788 P.2d 298 47 St.Rptr. 454 (1990); State v. Forsyth, 233 Mont. 389, 761 P.2d 363 (1988); State v. Spurlock, 225 Mont. 238, 731 P.2d 1315 The gravamen of Nichols' position lies in his assertion that Mont.Code Ann. § 46-18-221 creates a separate offense calling for......
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State v. Guillaume, No. 97-291
...241 Mont. 501, 512, 788 P.2d 298, 305 (citing State v. Forsyth (1988), 233 Mont. 389, 423, 761 P.2d 363, 384; State v. Spurlock(1987), 225 Mont. 238, 241, 731 P.2d 1315, 1317; State v. Davison (1980), 188 Mont. 432, 445, 614 P.2d 489, 497). However, Guillaume argues that the weapon enhancem......
-
In re Marriage of Hochhalter, No. 00-661.
...to assign any value to an item of property that is within the range of values offered into evidence. See In re Marriage of Lopez (1992), 225 Mont. 238, 243, 841 P.2d 1122, 1125. Because $100 is clearly within the range of values presented, we conclude the District Court did not abuse its di......