State v. Brigance

OPINION OP THE COURT

WATSON, J.

Newton C. Brigance, alias Clyde Norman, appeals from a capital sentence on conviction of murder in the first degree for the killing of Oscar Davis. The judgment must be reversed because of the refusal of the trial court to give appellant’s requested instruction No. 17, as follows.:

“There is evidence introduced in the case to the effect that the defendent on the day and just prior to the homicide had been drinking intoxicating liquor, and in this case you are instructed if by reason of intoxication the mind of the defendant was incapable of that cool and…