Perez v. State

KRUEGER, Judge.

Appellant was convicted of an aggravated assault and his punishment was assessed at confinement in the county jail for a period of 180 days and a fine of $100.00, from which judgment he prosecutes this appeal.

The only question presented for review relates to the court’s action in failing to instruct the jury on the issue of temporary insanity produced by the voluntary recent use of ardent spirits, and in declining to give appellant’s special requested instruction on the subject. If there is sufficient evidence, although feeble, *243to raise the issue, then the court should have…