Smith v. State

Sears, Chief Justice.

The appellant, Tavaris Smith, appeals from his conviction for the murder of his wife. On appeal, Smith contends that the trial court erred when it required him to present his claim that he shot his wife while sleepwalking pursuant to the defense of not guilty by reason of insanity instead of pursuant to the defense that he was unaware of his actions and lacked the intent to kill her. We agree with Smith’s contention and reverse his conviction.

1. The evidence of record would have authorized a rational trier of fact to conclude beyond a reasonable doubt that Smith and his…