State v. Kershaw

The opinion of the court was delivered by

Johnson, J.:

The State charged David Allen Kershaw with four counts of aggravated assault of a law enforcement officer committed with a deadly weapon after Kershaw shot at police officers responding to a 911 call from Kershaw’s wife. At trial, Kershaw presented evidence showing that when he fired his weapon, he was heavily intoxicated. The district court, however, instructed the jury that voluntary intoxication was not a defense to the charged crimes. The Court of Appeals held this instruction was clearly erroneous because it allowed tire State to…