State v. Jackson

714 P.2d 1368 (1986)

Facts

D rented stalls at Sunflower Farms where he boarded horses. Denise was employed as a horse trainer at Sunflower Farms. Denise lived in a one-room apartment built inside the barn. Denise was afraid of D from a number of antagonistic exchanges that had taken place. D severely criticized her and asked the owner a number of times to fire her. D told the owner he would cut her up if Denise messed with him. On the day in question, D asked his boss to sharpen a knife that has a plastic handle and a six-inch blade. D left work and then went to Sunflower and where D grabbed Denise by her hair and pulled out a plastic-handled knife with a five- or six-inch blade from inside his coat, and cut the right side of her throat. D attempted to block the knife with her hands, resulting in numerous cuts to her hands. D then began to pull and drag Denise towards the west exit. When they were within two feet from the door, he threw the knife back inside the barn, reached in his right-hand pocket and got out his car keys, all the while still holding on to Denise's hair. Upon reaching the doorway, he opened the trunk of his car and attempted to push Denise into the trunk. Her resistance was strong, however, and he was able to get only her right hand and her head into the trunk. D then pulled her back inside the barn, pushed her down. He retrieved the knife and began stabbing her again, five or six times. Denise was able to break away from her assailant momentarily, but he got hold of her again and pleaded with her to get into the trunk of his car. D slammed the trunk lid on her head three or four times. D was able to get entirely out of the trunk so that it slammed shut. She then grabbed the keys from the trunk and threw them. D released her to retrieve his keys, and she was thus able to run across the porch and down the road. D left, and she then ran back to the barn and drove to the closest business for help. D claims that Denise made sexual overtures to him which he spurned, and she hit him in the back with a pitchfork. He then claims he 'blacked out' and the next thing he remembers is he was standing next to Denise at the pop machine and observed that she was bleeding. D was charged with aggravated kidnapping, attempted first-degree murder, and aggravated battery. At trial, D presented an insanity defense. The jury found him guilty of aggravated kidnapping and attempted first-degree murder. D appealed.