McIntosh v. State

CARR, Judge.

The appellant was indicted and convicted of burglary in the first degree. Title 14, Sec. 85, Code 1940.

The only question presented for our review is the action of the lower court in refusing to the accused certain written instructions. This is frankly admitted by appellant’s counsel.

Refused charge numbered 1 is misleading by the inclusion of the words “or otherwise.’! The defendant did not claim to be drunk on the occasion in question. He did admit that he was drinking, and there was other evidence tending to establish this fact. He denied that he went in the dwelling and gave…