Showing posts with label FULCHER v. STATE 633 P.2d 142 (Wyo. 1981).. Show all posts
Showing posts with label FULCHER v. STATE 633 P.2d 142 (Wyo. 1981).. Show all posts

FULCHER v. STATE 633 P.2d 142 (Wyo. 1981). CASE BRIEF

FULCHER V. STATE

633 P.2d 142 (Wyo. 1981)

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

FACTS: Fulcher (D) was drinking, became intoxicated, and engaged in a bar fight where he was rendered unconscious. The police caught up with D in a back alley and arrested him for public intoxication and disturbing the peace. D was able to count his money and walk to his cell by himself. D was put in a cell with Hernandez, another prisoner. A guard found D kicking Hernandez in the head. The injuries to Hernandez required him to be hospitalized. D was charged with aggravated assault. D claimed that he could remember nothing about the incident with Hernandez. D pleaded not guilty to the offense because of temporary insanity. D withdrew that plea after he learned that he would have to be committed for a mental examination. At trial, D presented psychiatric testimony that at the time of the assault he was in a state of traumatic automatism and had no voluntary control over his actions. D was convicted. D appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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