McFADDEN, Justice.
On June 24, 1978, defendant James Lee Silcox attempted to place certain individuals under citizen's arrest. One of the individuals Silcox attempted to place under arrest, Leroy Burger, refused to acknowledge the arrest and fled the scene of the arrest. In the course of firing shots in the direction of Burger, Silcox shot Burger in the back. Silcox was subsequently charged with the offense of assault with a deadly weapon. I.C. § 18-906.
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