Legal Opinion

Menard v. State

Court of Appeals of Arkansas

Decided November 27, 1985No. CA CR 85-86PublishedCited by 2 opinions

1Opinion of the Court

James R. Cooper, Judge.

The sole issue on appeal in this criminal case is whether the appellant was too intoxicated to form the mens rea necessary to commit the crimes of third degree escape and refusal to submit to a chemical test for intoxication. We affirm the lower court and hold that the common law defense of voluntary intoxication is no defense to the above stated crimes, because they do not require specific criminal intent.

An Arkansas state trooper observed the appellant driving in an erratic manner on April 27, 1984. The trooper promptly arrested the appellant for DWI, it being obvious…

2Cases cited3 opinions

  1. Varnedare v. StateSupreme Court of Arkansas · 1978
  2. Coleman v. StateCourt of Appeals of Arkansas · 1984
  3. Bowen v. StateCourt of Appeals of Arkansas · 1980

3Cited by2 opinions

  1. White v. StateSupreme Court of Arkansas · 1986
  2. White v. StateSupreme Court of Arkansas · 1986

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