¶1(dissenting) — I dissent. The jury was told that “intoxication is not a defense” to the crime charged. That is not the law. If the defendant was intoxicated to the extent that he could not form the required intention to commit the act, then that intoxication would be a legitimate defense. Because instruction No. 11 was a misstatement of the law, I would reverse the trial court.
¶2Rosellini, J., concurs with McGovern, J.