Court: |
Kentucky Court of Appeals (Supreme Court?) |
|
Facts: |
Fain was asleep in a hotel lobby. When awakened, he shot the porter
several times, apparently in a state of semi-consciousness. |
|
Posture: |
Convicted at trial, appealed. |
|
Issue: |
Should evidence about sleepwalking have been admitted? |
|
Holding: |
Yes. Remanded for new trial. |
|
Rule: |
Crime requires intent. If you're asleep, you don't have intent. |
|
Reasoning: |
The defense should have been able to introduce evidence against the
intent element of the crime. |
|
Dicta: |
Hoo-wee! |