Commonwealth v. Collins

JOHNSON, J.:

¶ 1 In this case, we determine whether the trial court erred when it instructed the jury that the defendant must prove the affirmative defense of intoxication by a preponderance of the evidence. Jennie Collins appeals the judgment of sentence imposed following her conviction of Driving Under the Influence of a Controlled Substance (phencyclidine or PCP). She contends that the trial court’s jury instruction on involuntary intoxication improperly placed the burden of proof on the defendant and violated Section 301 of the Pennsylvania Crimes Code. We hold that the trial court rightly…