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Montana's Solicitation Case Study

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Montana's solicitation statute: “[a] person commits the offense of solicitation when, with the purpose that an offense be committed, he commands, encourages, or facilitates the commission of that offense.” Montana's solicitation statute doesn’t require the state to prove circumstances strongly corroborative of specific intent. The state proposed, and the District Court adopted, instruction No. 11, which read: "you are instructed that to convict the defendant of solicitation, the state must prove the following elements: first: that the defendant commanded, encouraged or facilitated Roger Gorham to commit deliberate homicide, a felony; and second: that the defendant did so with the purpose that the crime of deliberate homicide be committed, whether

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