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updated: 3/3/2014 7:21 AM

Man says he was sleepwalking when be attacked son

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Associated Press

INDIANAPOLIS -- A state court has rejected the appeal of a man who claimed he was sleepwalking when he attempted to strangle his 7-year-old son.

The Indiana Court of Appeals recently voted 3-0 to uphold Joseph Curnutt's 35-year-old prison term resulting from his 2013 conviction on battery charges.

The Star Press reports that Curnett and his son were staying at a relative's Henry County home in July 2012 when Curnett urinated in the bed they were sharing and the boy criticized him. Curnett allegedly then choked the boy for several minutes. Physicians noticed bruises on his neck when he was taken to a hospital next day.

The three-judge panel said Curnett introduced no evidence during his trial that he had been sleepwalking.

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