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

D allegedly robbed a bank and attempted to escape in a black van. As D drove away, he passed Sergeant Throckmorton who had stationed his car on the island in the center of the street and was standing beside the car awaiting D's approach. As D's van passed him, Sergeant Throckmorton fired a shot with his shotgun into the front of the van in an unsuccessful attempt to disable it. D then allegedly leaned out of the van window holding a 38-caliber revolver and fired it at the officer. D drove several blocks further before crashing into a parked car, at which time he was apprehended by other police officers. D was charged with attempted first-degree murder. The jury returned a verdict of guilty. The court granted D's motion to dismiss on the ground that 'specific intent to kill could not properly be inferred from the evidence.' P appealed.

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