Fulcher v. State

633 P.2d 142 (Wyo. 1981)

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Nature of the Case

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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.