Estes v. State

Jackson, Judge.

The defendant was indicted in two counts — one for assault with intent to murder, and the other for shooting at another. The jury found him guilty of the assault with intent to murder. A motion was made for a new trial on the grounds that the court charged the jury “that voluntary drunkenness is no excuse for crime,” and refused to charge “that the jury may take into consideration the fact of defendant’s drunkenness to grade the offense, and may look to the fact, in determining the intent, and that if the jury should find that he was not eoneious of what he was doing, the jury…