Fulcher v. State

RAPER, Justice,

specially concurring, with whom ROONEY, Justice, joins.

I concur only in the result reached by the majority, except to the extent I otherwise herein indicate.1

The reasoning of the majority with respect to the defense of unconsciousness in this case is contrary to clear legislative will and has judicially amended the statutes of this state pertaining to mental illness or deficiency excluding criminal responsibility.

I

Dr. LeBegue’s testimony was inadmissible in its entirety. “ ‘Mental deficiency’ means a defect attributable to mental retardation, brain damage and learning…