Upshur v. State

HORSEY, Justice:

Defendant, Rickey Upshur, was arrested in a convenience store after a store employee observed defendant attempting to shoplift merchandise and called the police. Upon a pat-down search, the arresting officer discovered that defendant was carrying a butcher knife 1 concealed in the waistband of his pants, covered by his shirt. At trial, defendant’s defense was that he was involuntarily intoxicated as a result of the unexpected synergistic effect of a prescribed drug and alcohol. The Judge charged the jury with the law pertaining to voluntary and involuntary intoxication; and…