Ely v. State

Sognier, Judge.

Appellant was convicted of criminal trespass, simple battery and criminal damage to property. He contends it was error to deny his motion for a new trial because the evidence showed he was so intoxicated he could not form the specific intent necessary to sustain his conviction.

The evidence in this case was conflicting as to appellant’s degree of intoxication. Some witnesses described appellant as intoxicated, while others testified that he had been drinking but knew what he was doing. Code Ann. § 26-605 provides that criminal intention is a question of fact, and the trial court…