State v. Bailey

The theory of the defense at trial revealed some inconsistencies. There was some testimony which would appear to rely on the theory of self-defense, but the major thrust of the defense case was that the defendant was too intoxicated to be able to form a criminal intent. There was no issue in respect to the actual killing.

The defendant introduced a blood sample taken from the defendant shortly after his arrest. This sample showed .23 percent alcohol by weight. The city chemist was asked by defense counsel the effect that such a blood alcohol content would have on the person from whom the…