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STATE v. OVERTON

815 A.2d 517 (2003)

357 N.J. Super. 387

STATE of New Jersey, Plaintiff-Respondent, v. Richard OVERTON, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 2003.

Attorney(s) appearing for the Case

Mark E. Roddy, Atlantic City, for appellant.

David Samson, Attorney General of New Jersey, for respondent (Kristen McKearney, Deputy Attorney General, of counsel and on the brief).

Before Judges PRESSLER, CIANCIA and AXELRAD.

The opinion of the court was delivered by AXELRAD, J.T.C. (temporarily assigned).

We consider in this appeal whether a person in a somnambulistic state, i.e., sleepwalking, can be criminally culpable for his acts committed in that state.

Defendant, Richard Overton, was indicted for four offenses arising out of a single incident against the same victim, I.T., a seven year-old girl: first-degree attempted aggravated sexual assault, N.J.S.A. 2C...

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