People v. Cummins

Defendant was convicted by a jury of assault with intent to rob while armed 1 and assault with intent to do great bodily harm less than murder. 2 He was sentenced to concurrent terms of 10 to 20 years and 5 to 10 years imprisonment.

Defendant contends that the trial court improperly instructed the jury on the issue of intoxication.

In order to resolve this issue it is necessary for us to determine the propriety of the trial judge’s ruling that the defendant could not offer the defense of intoxication, since notice of the defense had not been filed as required by statute. 3 This occurred while…