By Joycelyn M. Pollock (Auth.)
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S. 479 (1965). S. 557 (1969). 47 United States v. S. 624, 10 S. Ct. 625, 33 L. Ed. 1080 (1890). 48 State v. Meyers, 56 Ohio St. E. 138 (1897). 49 United States v. S. 210, 40 S. Ct. 139, 64 L. Ed. 229 (1920). S. CONST. art. III, § 3. 51 See KY. REV. STAT. 060 (1994) and IND. REV. ST. 35-50-2-4 to 35-50-2-7 (1994). 52 MCCORMICK, EVIDENCE 684 (2d ed. 1972). 53 CAL. PENAL CODE § 1096 (1995). S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970). 55 Victor v. S. 1, 114 S. Ct. 1239, 127 L. Ed. 2d 583 (1994).
11 State v. McElhinney, 80 Ohio App. 2d 273 (1950). 12 Keeler v. 2d 617 (Cal. 1970). 13 KY. REV. STAT. 020(1). 14 Smith v. 2d 490 (Tex. 1998); Smith v. 2d 421 (Wyo. 1998). 15 Jacobson v. S. 11, 25 S. Ct. 358, 49 L. Ed. 643 (1904). 16 District of Columbia v. S. 138, 29 S. Ct. 560, 53 L. Ed. 941 (1909). 17 Ameritech Corp. v. McCann, 176 F. Supp. D. Wis. 2001). 18 United States v. S. 41, 19 L. Ed. 593 (1869). 19 See generally, KANOVITZ & KANOVITZ, CONSTITUTIONAL LAW (10th ed. 2006). 20 United States v.
Note that this is not a mental illness or capacity defense, nor is it a question of mens rea—rather, because the action is not under the volition of the actor, the first element of the crime (a voluntary act) is missing. One example of this type of situation was the case of a man who killed his mother-in-law while sleepwalking. He drove 14 miles to her home and beat her to death with a tire iron. Medical experts testified that this behavior was indeed possible and, in fact, dozens of cases exist in which sleepwalkers have killed someone.
Criminal Law by Joycelyn M. Pollock (Auth.)