Anderson v. State
319 Ga. App. 701
Ga. Ct. App.2013Background
- Anderson appeals a criminal trespass conviction challenging the trial court’s denial of a requested jury instruction on voluntary intoxication.
- Evidence at trial showed Anderson was found inside a business damaged by her, lying on the floor with a bottle of alcohol and with a BAC of 0.241.
- She testified that she had consumed alcohol prior to and during the event and that she did not intend to commit a break-in; her ex-boyfriend drove them home.
- The trial court gave a standard intoxication instruction stating voluntary intoxication is not an excuse and that inability to distinguish right from wrong due to intoxication is not a defense under those statutes.
- Anderson’s requested charge argued that voluntary intoxication could negate the formation of intent; the court excluded this charge, and the issue on appeal is whether that exclusion was error.
- The Georgia Court of Appeals affirmed, holding the court did not err in refusing the charge because the requested instruction was not correct or properly tailored to the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying the voluntary intoxication jury instruction | Anderson | State | No error; instruction not correct or tailored to evidence, and law supported by standard charge |
Key Cases Cited
- Pope v. State, 235 Ga. 486 (220 SE2d 448) (1975) (Ga. 1975) (discussed voluntary intoxication and related jury instructions)
- Ely v. State, 159 Ga. App. 693 (285 SE2d 66) (1981) (Ga. App. 1981) (addressed intoxication and intent in relation to specific crimes)
- Johnson v. State, See Swenson v. State, 196 Ga. App. 898, 899-900 (1) (397 SE2d 211) (1990) (Ga. App. 1990) (discussed intoxication defenses related to physician-prescribed drugs)
- Williams v. State, 180 Ga. App. 854 (2) (350 SE2d 837) (1986) (Ga. App. 1986) (voluntary intoxication and related defenses discussed in context)
- Foster v. State, 258 Ga. 736 (374 SE2d 188) (1988) (Ga. 1988) (soil on the limits of intoxication as a defense)
- Guyse v. State, 286 Ga. 574 (690 SE2d 406) (2010) (Ga. 2010) (viable voluntary intoxication defense requirements discussed)
- Horton v. State, 258 Ga. 489 (371 SE2d 384) (1988) (Ga. 1988) (contextual discussion of intoxication standards)
- Bright v. State, 265 Ga. 265 (455 SE2d 37) (1995) (Ga. 1995) (permanent brain function alteration required for defense)
- Carsner v. State, 190 Ga. App. 141 (378 SE2d 181) (1989) (Ga. App. 1989) (cited in discussion of intoxication defenses)
- Pope, supra, Pope, 256 Ga. 195 (345 SE2d 831) (1986) (Ga. 1986) (peripheral discussion of intoxication and intent interpretations)