Pennington v. Commonwealth

STEINFELD, Chief Justice.

Appellant Richard Allen Pennington was convicted of two counts of assault and battery and of destroying or damaging personal property. He was sentenced to serve one year in jail on one count of assault and battery, one year in jail and a $500 fine on the other charge of assault and battery, and a fine of $500 for damaging property. The court ordered that the sentences be served consecutively. On this appeal Pennington charges the trial court committed error in refusing to instruct the jury that his intoxication, when he committed the crimes, could be considered in…