Read You Decide 9.2, about Robert Low and his cough drops, on page 263. Using yo
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Read You Decide 9.2, about Robert Low and his cough drops, on page 263. Using your knowledge from Brancaccio, tell us what you think the court decided in Low. Should the jury receive an instruction on involuntary intoxication? Why or why not? What do you think the court decided?
You Decide 9.2 :
Robert Low was president and general manager of a trucking company in
Springfield, Missouri. Low and his 14-year-old stepson, Shane Low, arranged a
hunting trip with two friends. The group met in Creede, Colorado, and drove
to the campsite. Robert became increasingly disoriented and asked his stepson
why he was being “tricked.” The drivers of two trucks stopped to check on
Robert’s health. Robert then demanded that they all kneel in prayer. This was
unusual because Robert was not particularly religious. During the remainder of
the ride, Robert speculated on whether he was alive or dead. They arrived at the
campsite, and Robert was convinced that he was dead and had gone to hell. He
requested that his tent be set up on a knoll and stated that this would provide
the foundation for a divine temple. Robert then accused McCowan of being
the devil, and the three others realized that he was disturbed and prevented him
from loading his rifle. He then stabbed McCowan in the upper back, and
McCowan was taken by some hunters to the hospital. Robert then
unsuccessfully attempted to stab himself and poured kerosene on the floor of
the tent and ignited a fire. The police arrived and arrested Robert.
Low had ingested 40 to 50 cough drops a day for the past several months. He
initially took the cough drops to combat a cold and then continued to ingest
these as a substitute for chewing tobacco and to help him to quit smoking. On
his trip to Colorado, Robert consumed roughly 120 cough drops within a 24-
hour period. A psychiatrist testified that the cough drops contain a drug called
dextromethorphan hydrobromide. This caused a psychotic disorder known as
“organic delusional syndrome” or “toxic psychosis.” The symptoms include a
distorted perception of reality, paranoia, hallucinations, and delusions. The
psychiatrist testified that Low was incapable of knowing right from wrong at
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the time of the hunting trip and did not have the ability to formulate a specific
intent to commit a criminal act. A doctor at the Colorado State Hospital
testified that Low tested negative for marijuana, alcohol, cocaine, and most
other narcotics.
The cough drops were sold over the counter without prescription. The
customary warnings included on the label proclaimed, “Not Habit Forming
contains 7.5 milligrams of dextromethorphan HBr per lozenge.” Robert was
charged with first-degree assault that requires a specific intent to cause serious
bodily injury or disfigurement by a dangerous weapon or knowingly engaging
in conduct that creates a grave risk of death. Second-degree assault involves
recklessly causing serious bodily injury by means of a deadly weapon. Thirddegree assault is committed when the accused knowingly or recklessly causes
bodily injury to another or with criminal negligence causes bodily injury to
another person by means of a deadly weapon. Should the jury have been given
an instruction on the defense of involuntary intoxication? Would you convict
Low of first-degree assault? See People v. Low, 732 P.2d 622 (Colo. 1987).
You can find the answer at http://edge.sagepub.com/lippmanccl5e.
