State v. Miller

Janice Miller appeals a jury verdict finding her guilty of third degree assault. She used force in an attempt to escape from store personnel who tried to detain her on suspicion of shoplifting. On appeal she challenges the constitutionality of RCW 9A.36.030, the constitutionality of her arrest, and the use of a leading question by the prosecutor. We affirm the conviction.

On August 10,1983, Joseph Henricks, a security guard at Mark & Pak, a grocery store, observed Miller take several steaks from her grocery cart and place them in her shoulder bag. He alerted several other store personnel who…