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840 P.2d 627

63 O.B.A.J. 2816

Crawford v. State

Court of Criminal Appeals of Oklahoma · decided 1992-10-01

Key passage — most relied on by later courts

“"By statute, voluntary intoxication is not a defense to criminal culpability. 21 O.S. 1981 , § 158. However, we recognize an exception to this rule where the accused was so intoxicated that his mental abilities were totally overcome and it therefore became impossible for him to form eriminal intent."”

quoted by 2 later decisions, including 2001 OK CR 34 - Frederick v. State, 2002 OK CR 40 - McElmurry v. State

Relies on Williams v. State · Stanley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-10-01

How this case has been cited

Cited by 72 later decisions — most recently July 2025 · most notably 2006 OK CR 19 - Hogan v. State (2006), Miller v. Champion (1998)

13 federal appellate · 51 state decisions

4001992200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PARKS, Judge,

¶1dissenting:

¶2Under the facts and circumstances of this case, it would have been proper for the trial court to omit any instruction on intoxication. However, once the trial judge decides that an instruction is warranted he has a duty to ensure that the instruction *644given is a complete and accurate statement of law. In this case, the trial court’s instruction (see Majority at 638 n. 2), was an incomplete instruction concerning intoxication. As the Majority recognizes, there is an exception to 21 O.S.1981, § 153, that applies “where the accused was so intoxicated that his mental abilities were totally overcome and it therefore became impossible for him to form criminal intent.” (Majority at 638).

¶3This Court considered an identical issue in Williams v. State, 513 P.2d 335 (Okl.Cr.1973), and held that “[i]f the trial court in its discretion found under the evidence presented that an instruction on the intoxication should be submitted, then the instruction submitted should instruct the jury on all law pertaining to intoxication and homicide.” Id. at 339. In Williams, we found that the failure to give a complete instruction on intoxication was reversible error. Id. See also Stanley v. State, 762 P.2d 946, 949 (Okl.Cr.1988) (when an instruction on intoxication is appropriate, it is reversible error not to instruct the jury that intoxication can negate specific intent to kill). Accordingly, I would reverse and remand for a new trial.

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