State v. Smith

Jesse Smith (defendant) let S.L., who had passed out from drinking, sleep in his bed while he took the couch, though S.L. later moved him to share the bed with no intent of sex. S.L. woke up undressed and evidencing sexual contact and later reported Smith. Smith, who said he had no memory of the night, was convicted of rape under a statute requiring the state to prove he knew or should have known S.L. could not consent due to intoxication. He appealed, arguing the trial court should have instructed the jury on voluntary intoxication as a defense.