Berry v. State

FARMER, Judge.

Appellant was charged with aggravated battery. The victim of the battery testified that appellant was drunk, the arresting officer testified that appellant was drunk (under the influence), and appellant himself testified that he had had at least six beers and some wine before the altercation. Nevertheless the trial court refused to give a requested jury instruction of voluntary intoxication as a defense to the charge of aggravated battery.

We reverse for a new trial. It is settled that voluntary intoxication is a valid defense to the specific intent crime of aggravated battery.…