SCHENCK v. STATE

No. 2-81-012-CR.

624 S.W.2d 757 (1981)

George W. SCHENCK, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied December 9, 1981.


Attorney(s) appearing for the Case

Michael R. Thomas, Fort Worth, for appellant.

Mac Smith, Dist. Atty., Weatherford, for appellee.

Before HUGHES, JORDAN and RICHARD L. BROWN, JJ.


OPINION

HUGHES, Justice.

A jury found the appellant, George W. Schenck, guilty of the offense of murder and assessed his sentence at life imprisonment. The appellant's sole point of error is that the trial court erred in refusing to include an instruction as to "mitigation because of intoxication" in the charge to the jury. It is well settled that voluntary intoxication does not constitute a defense to the commission of a crime; however, temporary insanity...

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