This is an appeal from a conviction for first degree murder and robbery and sentence to life imprisonment with a 25-year mandatory minimum prison term. Appellant claims that the trial court erred in denying his special requested instruction on the effect of habitual use of intoxicants. On this point we reverse.
At trial one defense of appellant to the charges against him was that he was insane as a result of excessive use of alcohol coupled with organic brain damage. The appellant requested a charge based on Cirack v. State,
The second issue raised which will affect retrial is whether the trial court erred in failing to suppress appellant’s taped statement. In the lower court the appellant argued that the statement was not voluntary based on the totality of the circumstances, including claims of police overreaching coupled with appellant’s mental state. The trial court’s ruling on volun-tariness comes to this court clothed with the presumption of correctness. DeConingh v. State,
As to the remaining issue raised, we find no error in the introduction of the photographs of the crime scene and the victim. Bauldree v. State,
Affirmed in part; reversed in part and remanded for a new trial.
