Fain v. Commonwealth

1879

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!