State v. Baer

The defendant appeals from a robbery conviction1 at a jury trial, contending that there was error in the trial court’s refusal to give a requested instruction on “mental defect or disease” as a defense.

The trial court gave instructions as to necessity of “intention” to commit an offense, to the effect that a defendant must know that the nature of his conduct may result in an offense; that voluntary intoxication is no defense to a crime; and that the use of heroin in combination with another drug, is no defense, unless at the time of the alleged offense, the accused was incapable of forming…