State v. Miller

The defendant-appellant, Robert Jerome Rude, and his companion had stolen a car and were riding in it when stopped by a state highway patrolman. The defendant admits hitting the patrolman in the “guts” while resisting apprehension or detention (the defendant said he was aiming at the solar plexus). The defendant then fled on foot. The officer recaptured him. In a struggle for possession of the officer’s gun, the defendant was accidentally shot in the shoulder. Thereafter the defendant secured possession of the gun.

The only conflicting testimony in the case centers around whether the defendant…