State v. Templeton

McCORMICK, Justice.

Defendant appeals his conviction by jury and sentence for breaking and entering in violation of § 708.8, The Code. He contends the trial court erroneously instructed the jury that he had the burden of proof on his intoxication defense. Although we agree that a defendant who relies on evidence of intoxication should not have the burden to prove he lacked specific intent because of it, we find no violation of this principle in the present case. We affirm the trial court.

The State alleged that defendant broke and entered the apartment of Mark Hagen on August 1, 1976, with…