CALVERT v. COMMONWEALTH


516 S.W.2d 646 (1974)

Don CALVERT, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

December 6, 1974.


Attorney(s) appearing for the Case

B. C. Morton, Scottsville, William C. Ayers, Asst. Public Defender, Frankfort, for appellant.

Ed W. Hancock, Atty. Gen., Mary Ann Delaney, Asst. Atty. Gen., Frankfort, for appellee.


JONES, Justice.

Don Calvert was convicted of the offense of unlawfully taking a vehicle without the consent of the owner. KRS 433.220. The jury fixed his punishment at confinement in the penitentiary for one year.

On appeal, Calvert contends that the trial court erred in refusing to instruct the jury on his defense of the inability to form the intent to commit the offense because he was intoxicated.

The facts are not in dispute. Calvert, while intoxicated...

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