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STATE v. MILLER

No. 38850.

71 Wn.2d 143 (1967)

426 P.2d 986

THE STATE OF WASHINGTON, Respondent, v. RONALD EUGENE MILLER, Defendant, ROBERT JEROME RUDE, Appellant.

The Supreme Court of Washington, Department One.

April 27, 1967.

Attorney(s) appearing for the Case

Fred Floch, for appellant (appointed counsel for appeal).

James R. Thomas and R.E. Young, for respondent.

HILL, J.

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...

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