Defendant appeals from his conviction of burglary. Held:
1. Defendant first contends that the trial court’s charge on involuntary intoxication was surplusage and that it tainted his defense of mental impairment due to voluntary intoxication. Defendant reasons that the surplus charge confused the trial court’s instruction regarding the impact of intoxication on a person’s ability to form the requisite mental intent to commit a crime.
A “charge touching a theory not in issue under the evidence, unless prejudicial and harmful as revealed by the entire record, does not
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require or demand a reversal.
Weaver v. State,
2. Next, defendant contends that the trial court erred in giving repeated instructions that “alcoholism was no defense to a crime and that voluntary intoxication was no defense to a crime.” We have examined the trial court’s charge to the jury in its entirety and, taken as a whole, we find that the instructions were not prejudicial to defendant.
Bentley v. State,
Judgment affirmed.
