State v. Davis
Citation: 214 S.C. 34 (1948)
Facts
Davis was charged with a crime, but raised evidence that at the time of the act he was in a hypnotic state induced by another person, such that his actions were not voluntary.
Issue
Does criminal liability require a voluntary act, and can an act performed while hypnotized be considered voluntary?
Holding
Criminal liability requires a voluntary act. An act performed while under hypnosis — where the defendant is acting as an automaton without conscious control — is not a voluntary act and cannot form the basis of criminal liability.
Rule
Voluntary act requirement: The actus reus of any crime must be a voluntary act or a voluntary omission of a legal duty. An “act” compelled by another through hypnosis, reflex, convulsion, or unconsciousness is not voluntary and cannot satisfy the actus reus element.
Significance
- Illustrates the voluntariness requirement underlying the actus reus element
- Hypnosis, somnambulism, and automatism are recognized as negating voluntariness
- Distinguished from cases where the defendant voluntarily became intoxicated or put themselves in a position where involuntary action was foreseeable