(In Robert Stack's monotone narraration)
September 1992, Ohio State Law School. After losing a faculty gin rummy tournament, Professor George Eisner was forced to teach the 1L required course, Criminal Law. While discussing mens rea, an eager 1L, Stephanie Flowers, raised her hand and posed the following question.
Reenactor playing Stephanie Flowers: What if someone was attacking you while you were sleepwalking and you subsequently killed them? Would that be self defense even though you didn't know if they threatened you with lethal force?
Reenactor playing Prof. George Eisner: Well that gets into all sorts of questions about the requisite level of consciousness and its effects on deterrent. Next question?...
Young miss Flowers' question was never answered. It remains to this day an "Unsolved Mystery" as to what would happen in this impossible hypothetical.
UPDATE
February 2003, Arizona State University Law school, Torts class. James Dobson, old guy, asks a very similar question.
Reenactor playing Dobson: Would you be liable if you were sleep walking and hit someone else that was sleep walking. Who would be at fault? How could anyone tell what happened?
Reenactor playing professor: Well, looks like we're out of time.
If you have any tips as to how this mystery can be solved, call our hotline at (517) 555-5140.
