Rice v. State

McINTYRE, Chief Justice.

Thomas Cyril Rice is appealing from a conviction of two counts of kidnapping, two counts of assault with a deadly weapon, and one count of automobile theft. There seems to be no dispute about what the defendant did. Reversal is sought on the grounds that (1) the state failed to prove Rice’s sanity when the offenses were committed; and (2) the trial court failed to instruct as to an essential element of the crimes and as to the state’s burden on the issue of sanity.

It is undisputed that Rice, after drinking heavily for some time, forced a policeman and businessman at…