On March 2, 1960, Jim Smith (D) was driving his car through the woods. He had stolen materials in the back of his car, and he was pulled over for by a police officer in the normal course of traffic control. The officer ordered him out of the car, and the D responded by accelerating and speeding away. The police officer grabbed onto the side of the car and held on for 130 yards. He was finally thrown off and was struck by a car coming in the opposite direction. His skull was crushed, and the officer later died. D was convicted on April 7, 1960, for willful murder and was sentenced to death. There was never any suggestion that the D intended to kill the police officer or to do him grievous bodily harm.

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