Show nightmare law the effect of a mans declarations in his sleep when offered as evidence was involved in martineus Martine ux vs va people before the supreme court in colorado in which the court held that nightmare utterances in tho the nature of admissions or declarations are ara not competent evidence against a 0 defendant the court held also that where a witness tea testifying tidying to such declarations sald bald he be kilow whether tho the man was asleep or awake but thought he was vaa asleep when he spoke an instruction r st that the jury might consider such buch declarations declara tlona was ft as erroneous the court ruled it la Is the voluntary statements ot a party that rony may be used against him one Is not responsible for what he says in his sleep because he to io unconscious and it Is not voluntary in 12 cyc it is said words worda altered by the accused while asleep are not competent evidence against him since he la Is unconscious of what he ha saya and it is 1 for the jury 11 to determine whether the accused wail waa awaa or asleep when he fie spoke |