State v. Utter p. 114, 4 Wash.App. 1971 Facts: Utter had been drinking all day. Son of Utter entered apartment and was heard to say “Dad, don’t.” Then he stumbled out into the hallway and collapsed, having been stabbed in the chest. Defendant case was that he does not remember the incident. He claims he had a conditional response. He was in the military and had 2 prior cases of instinctual violence when people snuck up behind him. (Defense makes the claim of “conditioned response.”) Trial court made the ruling that in the state of WA, “conditioned response” is not a defense and he told the jury to disregard the information on that subject.
Procedure:
General Rule: If a person is in fact unconscious at the time he commits an act which would otherwise be criminal, he is not responsible therfor. Exception: When the state of unconsciousness is voluntarily induced through the use and consumption of alcohol or drugs.