Pavey v. State

DICKSON, Justice.

Defendant Clarence Pavey was convict ed, after jury trial, of the murder of his wife. Of the various issues raised in his direct appeal, we need address only the trial court's refusal to give defendant's voluntary intoxication instruction. The underlying legal question is whether our decision in Terry v. State (1984), Ind., 465 N.E.2d 1085, shall be given retroactive application in this case.

Defendant's tendered instruction No. 1 was virtually identical to the voluntary intoxication instruction previously reviewed in both Williams v. State (1980), Ind., 402 N.E.2d 954, and…