State v. Small

BARRETT, Commissioner.

A jury has found that James (“Jimmy”) Small shot and killed Leroy Stafford, that he was guilty of murder in the first degree and, accordingly therefore, his punishment has been fixed at life imprisonment.

Among the instructions was one which told the jury that “voluntary drunkenness in any degree cannot justify, excuse, or mitigate the commission of a crime, and the fact, if it be a fact, that the defendant may have been drunk to any degree at the time of the homicide cannot be taken into consideration by the jury in making up their verdict.” The appellant insists that…