Fulcher v. State case brief

Fulcher v. State case brief summary
633 P.2d 142 (1981)

CASE SYNOPSIS

Defendant sought review of the judgment of the District Court of Goshen County (Wyoming), which found him guilty of aggravated assault without dangerous weapon in violation of Wyo. Ann. Stat. § 6-4-506(a) (1977), despite his claim that he was unconscious at the time of the assault.

CASE FACTS
Defendant was convicted of aggravated assault without dangerous weapon in violation of Wyo. Stat. Ann § 6-4-506(a) (1977), though defendant claimed he had a concussion and was in a state of traumatic automatism at the time of his attack.

DISCUSSION

• On appeal, the court affirmed his conviction. 
• The court held that the trial court properly received and considered evidence of unconsciousness absent a plea of "not guilty by reason of mental illness or deficiency" because the defense of unconsciousness resulting from a concussion with no permanent brain damage was an affirmative defense and was a defense separate from the defense of not guilty by reason of mental illness or deficiency. 
• The court also held that the presumption of mental competency was never overcome and the evidence presented formed a reasonable basis on which the trial judge could find that the state had met the required burden of proof.

CONCLUSION
The court affirmed defendant's conviction for of aggravated assault without dangerous weapon.

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