Eastin v. State

Appellant was charged by affidavit with assault and battery with intent to commit a felony under §10-401, Burns’ 1942 Replacement. The intended felony charged was the first degree murder of her husband. The issue here is the correctness of the court’s rulings in refusing two instructions on the effect of the intoxication of the appellant.

It is unnecessary to set forth the entire evidence on the affray. Her husband testified in behalf of the State, and stated that on Easter Sunday morning, April 13, 1952, the appellant “drank about four pints of Sterling [beer] and four half pints of whiskey”…