State v. Utter,

479 P.2d 946 (1971)

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Nature of the Case

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Facts

Utter (D) and his son were living together when the son was seen entering his father's apartment shortly after he was heard to say, 'Dad don't.' The son was then seen stumbling in the hallway of the apartment where he collapsed, having been stabbed in the chest. His dying words were, 'Dad stabbed me.' He died before he could be moved or questioned further. On the day of the stabbing, D had been drinking. D was drinking rather heavily and the last thing that he remembers about that day was drinking with a friend until he was being sent to jail subsequent to the death of his son. During trial, D introduced evidence of a conditioned response that D had acquired as a result of his jungle warfare training and experiences in WWII. On two prior occasions in the 1950s, D has reacted violently towards people approaching him unexpectedly from the rear. The trial court ruled that conditioned response was not a defense. D was convicted of manslaughter and appealed.