Peterson v. State

McMILLAN, Judge.

The appellant was convicted of a murder in violation of § 13A-6-2, Code of Alabama (1975), and was sentenced to life imprisonment pursuant to the Habitual Felony Offender Act.

The appellant argues that the trial court erred in refusing to charge on the lesser-included offense of manslaughter. The judge stated during his oral charge to the jury:

“Now voluntary intoxication is not a defense to a criminal charge, but the evidence of intoxication is admissible and considered relevant for the purposes of negating in any element of the offense. In this case it would be your duty to…