Defendant, Thurman J. Musgrove, was charged with the crime of deliberate homicide, a felony, in the District Court, Fourth Judicial District, Mineral County, arising out of the death of John Linker, at Tarkio, Montana, on May 7, 1976. Defendant entered his plea of not guilty of the charge. He was tried in the District Court, before a jury, and on February 5, 1977, a verdict was returned finding the defendant guilty of mitigated deliberate homicide. Defendant moved for a new trial which was denied on March 8, 1977 by the District Court. The Court entered a judgment of conviction on March 8, 1977 and fixed a sentence of imprisonment for a term of 20 years. From the judgment and order denying his motion for new trial, defendant appeals.