STATE V. COATES 735 P.2d 64 (1987) CASE BRIEF

STATE V. COATES

735 P.2d 64 (1987)

NATURE OF THE CASE: This was an appeal from a conviction for negligent assault.

FACTS: An off duty police officer noticed an accident and followed one of the cars. After about a half mile, the car's engine died and pulled off to the side of the road. The officer stopped his car. Coates (D) exited his car and walked toward the officer's vehicle. The officer identified himself as a policeman and told D to return to the accident scene. D replied that he was a navy corpsman and could help if anyone was injured. D returned to his car and then agreed to walk back to the accident scene. A few moments later, D changed his mind and the officer began to question D's mental stability and agreed with D to return to D's car. As they neared the car, D stabbed the officer twice in the back and then returned to his car. When questioned in jail, D was obviously intoxicated and he could not believe that anyone could have been stabbed. A breathalyzer test revealed a .16 level more than four hours after the accident. At trial, the officer testified about the incident and D claimed he could not remember the accident or the assault. The jury was instructed regarding the intoxication defense and that it only applied when the mental state is intent, knowledge, or recklessness thus excluding the defense from a negligent assault. D was found guilty of negligent assault. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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