Walker v. State

SIMPSON, Judge.

The prosecution was for assault with intent to murder. Appellant was convicted and sentenced to three years’ imprisonment in the penitentiary. His defense as to the felony charge was that, at the time of the alleged occurrence, he was so drunk he was incapable of entertaining the specific intent inherent in such a crime.

An inquiry into the state of mind of the accused is always proper in prosecutions where intent is an essential ingredient. Tidwell v. State, 70 Ala. 33, 46. In cases, as here considered, the rule has been declared that “when the offense charged consists of an…