To start off I have brought up a case from a field of law that kept me interested since I saw the Paper Chase movie, which by the way is a must see for every American law student. In the movie one of the main characters does't want to go out since he's reading an "amazing case about someone walking and killing everyone in his sleep". I have been searching for that very case and but it was a fictional one. While searching for this one I came across some that I believe might be interesting to others as well.
I have made the facts a little more "story like" although I haven't have changed or added anything in any way. You know, to make it a little more interesting.
Fain v. Commonwealth decided in 1879.
One very cold evening in February, 187* two men, seeking a shelter from the cold, enters into the Veranda Hotel. They shake off the snow from they shoulders and sit inside. It is warm and the lights are dim. Both of them are tired. Especially Fain whose child have been sick for days and so he couldn't get enough sleep. They both sat down in the lobby and they fell asleep.
George wakes up and realizes where he is. He speaks with the receptionist and asks him for two beds one for him and the other one for his friend Fain. The receptionist goes check for the beds and George tries to wake up Fain. He shakes him up, but no effect he is still asleep. The receptionist comes back saying that they have two beds and so George ask him to wake up Fain. Receptionist tries his best but Fain seems to have no reaction. Receptionist says he thinks he might be dead and looks up to George. George tells him that he is not dead and to wake him up right now.
Receptionist heavily shake with Fain. Fain seems disturbed. He looks up at the receptionist and shouts at him "What do you want, leave me alone!". The receptionist answers holding Fain by the coat "Sir, I want you to go to bed, it is getting late I want to close up." Suddenly Fain moves his hand a little to the back as if he was drawing for a gun. Bystander overlooking the situation yells "No, don't shoot!" But as if he had not say anything Fain pulls the trigger and fires.
The receptionist realizes in terror what is happening and starts to fight him off. Another shot. And another one. The receptionist in a deadly fear manages to grab Fain and throw him on the floor and hold him there.
Fain for the first time probably realizes that something had happen and shouts "Hoo-wee, Hoo-wee, George help me!" Immediately he asks the receptionist to let him go. The receptionist does not want to let him go as he is afraid that he will shoot again, but Fain affirms him that he will not shoot again. Fain seems surprised about everything. The receptionist slowly releases his hold and Fain runs out of the room gun still in his hand. He stops next to a person alarmed by the shooting and says "Help me, help me, take my pistol and defend me. I have shot someone I don't know who was it." That person says "What do you mean? You have shot the receptionist!" Fain looks up as if he couldn't believe any of it and says "Oh, my god..."
The receptionist later succumbs to his wounds.
Because I don't know who will read this blog just yet I assume a normal person does not want to know much about the proceedings but more about the outcome and arguments.
The court found that he was sleepwalking at the time of shooting and therefore there was no criminal intention. A somnambulist (a sleepwalker) does not posses a free and rational exercise of his undertaking. He is pretty much unconscious of his outward relations and there none of his acts during such state of mind can be rightfully be imputed to him as crimes.
So Fain was found not guilty.
Something more to the case:
Fain did not own the gun he had borrowed it from a friend to defend himself, as he was threatened by someone near to his place of business.
The court had doubts about letting Fain go, but because he did not fulfill the basics elements to commit a crime (that is mens rea - a mind of criminal in normal words - you want to do a bad thing and acts reus which pretty much means the bad act - in this case the killing.) if I put it simply you must carry out both of these to be guilty - I know, I know exceptions... Why I am saying this? Well, if you would know that you had a history of sleepwalking, during which you occasionally have nightmares about being assaulted ,would you go after great sleep deprivation, with a gun, to a hotel lobby to have a nap, when someone threaten your life before?
To that the court says "We believe that (Fain) had reckless disregard of the safety of others and that should be punished to some degree, but we know of no law under which he can be punished."