King v. Commonwealth

After a jury trial, Appellant was convicted of second-degree assault, fourth-degree assault, first-degree wanton endangerment, and third-degree arson. Appellant appealed, arguing, primarily, that the trial court erred in refusing to instruct the jury on voluntarily intoxication under Ky. Rev. Stat. 501.080(1). The Supreme Court reversed the second-degree assault conviction and otherwise affirmed, holding (1) the evidence was sufficient to entitle Defendant to a voluntary intoxication instruction, and the failure to include the instruction was reversible error as to the second-degree assault conviction; and (2) the remaining convictions’ required mental states cannot be negated by voluntary intoxication, and therefore, those convictions and sentences were not in error.