While fleeing from the police, Kenneth Chance ran behind a house trailer. Sergeant Tom Murdoch, who was pursuing Chance on foot, also ran behind the trailer, but went in the opposite direction from that taken by Chance. As a result, while Chance waited for Murdoch, loaded gun at the ready, Murdoch was able to able to sneak up on him from behind. Murdoch surprised and captured Chance with no shots fired.
Chance was charged with assault with a firearm on a peace officer based on his conduct in lying in wait for Murdoch while armed with a loaded gun. He was tried before a jury.
