People v. Dunn

The defendant, Mitchell Dunn, shot a police officer with a shotgun during a struggle with the officer who was attempting to arrest Dunn. Dunn was charged with the offense of assault with intent to commit murder. MCLA 750.83; MSA 28-.278. His trial was interrupted when he offered to plead guilty to that offense. His plea was accepted. He now appeals.

During the bench questioning Dunn asserted that, although he intended to shoot the officer, he did not “necessarily” intend to kill him:

“Q. What did you intend to do with that gun; what was in your mind to do with that gun when you were tussling…