Spencer Womack v. United States

Appellant was convicted of the crime of robbery, 22 D.C.Code § 2901, an element of which is the specific intent to rob. Appellant prepared an instruction on intoxication which the trial judge refused to give because intoxication was not the theory of the defense. But a defendant is entitled to an instruction on any issue fairly raised by the evidence, whether or not consistent with the defendant’s testimony or the defense trial theory. Specifically, “ * * * a defendant accused of robbery is entitled to an instruction on drunkenness as bearing on intent * * * if sufficient evidence on the…