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by srothstein
Wed Jul 18, 2007 10:10 pm
Forum: General Texas CHL Discussion
Topic: Of drunks and criminal mischief
Replies: 34
Views: 4624

Re: Of drunks and criminal mischief

LedJedi wrote:1) He mentioned that it was under any circumstance unjustified to use deadly force on the intoxicated as indicated by his CHL instructor. I find that a bit difficult to believe and can't seem to find anything in the penal code about it. It seems to me that if someone is drunk that doesn't negate your right to defend yourself and yours.
I think you missed something in the Penal Code that might have answered your question. The Penal Code does not recognize intoxication as a defense, so it clearly would not affect your need to defend yourself.

8.04. INTOXICATION. (a) Voluntary intoxication does
not constitute a defense to the commission of crime.
(b) Evidence of temporary insanity caused by intoxication
may be introduced by the actor in mitigation of the penalty attached
to the offense for which he is being tried.
(c) When temporary insanity is relied upon as a defense and
the evidence tends to show that such insanity was caused by
intoxication, the court shall charge the jury in accordance with
the provisions of this section.
(d) For purposes of this section "intoxication" means
disturbance of mental or physical capacity resulting from the
introduction of any substance into the body.

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