| 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! |