People v. Newton

Police stopped Huey P. Newton (defendant), and a struggle for an officer's gun ensued; during the struggle Newton was shot in the stomach, and shots were fired that killed Officer Frey. Newton fled and later showed up at a hospital with a gunshot wound, and testified he remembered only fragments -- a burning sensation, an explosion, and crawling -- before waking at a different hospital. A defense expert testified this kind of temporary reflex unconsciousness is common after a gunshot to the abdomen. The trial judge refused to instruct the jury on unconsciousness as a defense, and Newton was convicted of voluntary manslaughter. He appealed.