WOMACK v. UNITED STATES

No. 18426.

336 F.2d 959 (1964)

Spencer WOMACK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 23, 1964.


Attorney(s) appearing for the Case

Mr. William E. Owen (appointed by this court), Washington, D. C., for appellant.

Mr. Alan Kay, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and John H. Treanor, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Mr. Joel D. Blackwell, Asst. U. S. Atty., also entered an appearance for appellee.

Before FAHY, WRIGHT and McGOWAN, Circuit Judges.


PER CURIAM:

Appellant was convicted of the crime of robbery, 22 D.C.Code § 2901, an element of which is the specific intent to rob. Appellant prepared an instruction on intoxication which the trial judge refused to give because intoxication was not the theory of the defense. But a defendant is entitled to an instruction on any issue fairly raised by the evidence, whether or not consistent with the defendant's testimony or the defense trial theory. Specifically...

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