State v. Finley

This is a trespass and assault case. A bartender kicked David Finley out of a bar following two angry, belligerent confrontations with his girl friend, other bar patrons, and police. His appeal presents two substantive questions. The first is whether the facts required the court to instruct the jury on voluntary intoxication. We conclude that the trial court correctly refused to instruct on voluntary intoxication. Mr. Finley failed to show impairment of his mental acuity sufficient to prevent him from forming the necessary mens rea to commit second degree assault and criminal trespass. State…