Flanders v. State

I respectfully dissent. OCGA § 16-3-4 provides, in pertinent part: “(a) A person shall not be found guilty of a crime when, at the time of the act. . . constituting the crime, the person, because of involuntary intoxication, did not have sufficient mental capacity to distinguish between right and wrong in relation to such act. (b) Involuntary intoxication means intoxication caused by: (1) Consumption of a substance through excusable ignorance; . . .”

In the instant case appellant testified that he had taken two Valium tablets prescribed by his doctor over a period of about ten hours, and he…