Hatfield v. Commonwealth

VANCE, Commissioner.

The appellant was convicted of the offense of indulging in indecent or immoral practices with the body or organs of a child under the age of fifteen years. KRS 435.105. He was sentenced to confinement in the penitentiary for a period of' five years.

The only question for review is whether the trial court erred in refusing to instruct the jury on the defense of drunkenness or intoxication.

There was evidence in the case that the appellant was intoxicated at the time of his arrest and at the time of the commission of the offense. The appellant requested the court to instruct…