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Criminal Law Keyed to Capers
State v. Welsh
Citation:
8 Wash.App. 719, 508 P.2d 1041 (Wash. App. 1973)Facts
Defendant was convicted for a second-degree assault. Dr. Jardee, a general practitioner in Lind, Washington, testified he treated defendant for atypical seizure disorder, psychomotor epilepsy. Psychomotor epilepsy was described as a condition of mental cloudiness or unconscious automatic behavior. During such a seizure, there is no conscious intent to perform acts done. The seizures defendant experienced were definitely precipitated by alcohol and were not remembered afterwards. During defendant’s closing argument to the jury, the court disallowed any comment by defense counsel with respect to Joyce’s testimony concerning defendant’s mental state and his psychomotor epileptic condition.
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