This section contains the nature of the case and procedural background.

On February 4, 1981, Thomas (D) received a telephone call from a friend who told him that she had just been raped by a neighbor who lived upstairs. D arrived at his friend's apartment with a pistol and went upstairs to visit the neighbor. D falsely identified himself as a police officer and instructed his friend to call the police. The neighbor began to flee, and D fired three shots at him, two of which struck the alleged rapist. D claimed that two shots were warning shots and that the other shot was accidental. D was convicted of first-degree assault and attempted reckless manslaughter. The court of appeals reversed the conviction of attempted reckless manslaughter, and we grant certiorari to review that reversal.

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