State v. Caddell

215 S.E.2d 348 (1975)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

The victim was a 14-year-old girl who testified that D forced her into his car, drove her to a wooded area, beat her, and then attempted to have sexual intercourse. She ran away to safety. D testified that he remembered nothing about the incident and pled not guilty to charges of kidnapping and not guilty by reason of insanity. D claimed that his lack of recall began as of the time he drove his car over an embankment the day before the alleged kidnapping. A psychiatrist testified that he had diagnosed D as a sociopathic personality and anti-social reaction with a meanness toward human beings, an inability to get along and an inability to abide by the rules of society with extreme aggressiveness towards other human beings. D was convicted and sentenced to life. D appealed; The trial court erred with the instruction as to who had the burden of proof in connection with the defense of unconsciousness.