Court of Criminal Appeals of Texas
Kody William Farmer, Appellant v. the State of Texas
October 9, 20132013 Tex. Crim. App. LEXIS 1490
Summary
The Court held that the trial court properly denied a jury instruction on voluntariness because appellant voluntarily ingested the Ambien pill, satisfying the voluntary act requirement of Tex. Penal Code §6.01(a); therefore the conviction was affirmed and the Court of Appeals reversal was reversed. The decision rests on the principle that a mistaken but voluntary consumption of medication does not constitute an involuntary act. Justice Cochran, concurring, argued that the involuntary intoxication defense is available in DWI cases but noted the issue was forfeited.