12. The Deadly Kentucky Sleepwalker
One cold February evening in 1879, a man surnamed Fain entered the lobby of the Veranda Hotel in Nicholasville, Kentucky, accompanied by a friend. As described by the Court of Appeals of Kentucky in Fain v. The Commonwealth, 78 Ky. 183 (1879), the duo shook the snow off their coats, and sat down. Both were tired, especially Fain, who had not slept much lately because of sick children at home whose care kept him awake at night. It was warm inside the hotel lobby, the lights were dim, and soon Fain and his friend fell asleep where they sat.
Eventually, Fain’s friend woke up and tried to wake him, but could not. He went to the reception desk and booked a room with two beds, then sent the receptionist to wake his friend. The receptionist tried, but could not, and told Fain’s friend that he thought the defendant was dead. The friend told him to not be silly, and to get on with it. The receptionist got on with it, only to get shot to death for his troubles when Fain woke up. Arrested and tried for murder, Fain turned to a sleepwalking defense.