Opinion

Ex Parte McWhorter

  • 781 So. 2d 330
  • 2000 WL 1137362
Court
Supreme Court of Alabama
Filed
Aug 11, 2000
Status
Published
Author
Cook
On the bench
Cook, Johnstone, Lyons
Cited by
55 cases

recognizing that intoxication necessary to negate specific intent must amount to insanity

How later courts described this case

  • recognizing that intoxication necessary to negate specific intent must amount to insanity
  • “Had an instruction been requested that would have conflicted with defense strategy, there is no error in the trial court’s failure to give the instruction.”
  • McWhorter’s theory that he was intoxicated was unreasonable based, in part, upon the fact that no evidence presented at trial corrob orated this claim
  • “the other evidence as to [McWhorter’s] condition at the time of the crime was totally consistent with the proposition that he was sober”

Written by the judges who cited it.

The opinion

I concur in the main opinion in part and join Justice Johnstone in his discussion of issues XXVI and XXVII.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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