Cahill v. State

HOBSON, Judge.

The defendant, John A. Cahill, was tried for the crime of obtaining property in return for a worthless check in violation of § 832.05(3), Fla.Stat., F.S.A. The jury found -him guilty and the court sentenced him to be confined in the state prison for a period of six months to five years.

The sole question involved on appeal concerns the court’s instruction on the defense of intoxication.

The appellant, defendant below, took the stand in his own behalf and testified that he was an alcoholic and had “fallen off the .wagon” in September, 1965, just prior to the date .of the alleged…