O'Herrin v. State

Indictment for larceny. Conviction, and sentence to the state prison.

Evidence was given upon the trial, tending to show that the appellant was intoxicated when he committed the alleged larceny. His counsel contend that intoxication would, in all otherwise criminal acts, rebut the presumption of criminal intent, and should work the acquittal of the defendant.

But in crimes, other than certain grades of homicide, “it is a settled principle that [voluntary] drunkenness is not an excuse for a criminal act committed while the intoxication lasts, and being its immediate result. 3 Greenl. Ev., § 148.…