People v. Low

Facts

Robert Low (Defendant) went on a hunting trip with a group of men, including A.D. McCowan. Defendant drove all night to meet the men. As the group approached the campsite, Defendant became anxious and paranoid. Upon arriving at the campsite, Defendant believed that he was dead and in hell. Defendant went to his truck to retrieve a rifle and bullets. The rest of the group realized that something was wrong and took the rifle, but Defendant unbuckled his hunting knife and stabbed A.D., while also trying to stab himself. Defendant returned to his truck for a can of kerosene, which he emptied on the floor of his own tent and ignited before falling asleep outside. Upon waking, Defendant was confused about what had happened. Defendant was subsequently charged with first-degree assault. At trial, the evidence established that Defendant had developed a cough-drop habit. On the trip, Defendant had not slept and had consumed approximately 120 cough drops within a 24-hour period. Before the assault, Defendant had never felt any intoxicating effects from the cough drops. A psychiatrist concluded that, because of the amount of cough drops that were ingested, Defendant had suffered from toxic psychosis at the time of the attack and was incapable of forming the specific intent to commit first-degree assault. Defendant pleaded not guilty, waiving the affirmative defenses of insanity and impaired mental condition but asserting the affirmative defense of involuntary intoxication. The trial judge found that Defendant had committed the requisite acts for an assault but did not have the requisitemens reato be convicted. In making the acquittal determination, the trial court did not make an explicit finding of intoxication but instead based its decision on Defendant’s psychiatric testimony. The State appealed.