Section 23.26 Intoxication

• Library: Criminal Practice 2012 Supp

D. (§23.26) Intoxication

Under § 562.076, RSMo 2000, voluntary intoxication is not a defense to a criminal charge. Smith v. Groose, 998 F.2d 1439 (8^th Cir. 1993); State v. McGreevey, 832 S.W.2d 929, 931 (Mo. App. W.D. 1992).

Involuntary intoxication that deprives a defendant of the “capacity to know or appreciate the nature, quality or wrongfulness of his conduct” is a valid defense. Section 562.076.1. The defendant has the burden of injecting the issue. Section 562.076.2; State v. Shields, 862 S.W.2d 503...