State v. Bier

591 P.2d 1115 (Mont. 1979)

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Nature of the Case

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Facts

Bier (D) and his wife engaged in an argument after returning from a stock car race at which Mrs. Bier consumed a large amount of alcohol. D attempted to leave the room, but his wife stood in the doorway, blocking the exit. D took his gun from the closet, cocked it, threw it on the bed, and told his wife that she would have to shoot him to stop him from leaving. D's wife picked up the gun, pointed it at her head with both thumbs on the trigger. D attempted to grab the gun, and in the struggle, his wife was shot and killed. D was convicted of negligent homicide and appealed: his conduct did not show a conscious disregard for his wife's life (he lacked the requisite mental state for negligent homicide).