Smith v. United States

YEAGLEY, Associate Judge:

This is an appeal from appellant’s conviction of the offense of cruelty to children. 1 The sole error advanced by appellant is the refusal of the trial court to instruct the jury, as requested, on the issue of intoxication as bearing upon the question of specific intent. 2 Appellant contends that specific intent is an element of the offense charged.

The appellee responds (1) that the evidence of intoxication was insufficient to warrant the instruction being given; (2) that the offense requires proof of something less than a specific intent and, therefore, it is not one…