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I was looking at this recent case: Otto v. State

The jury charge had a slightly different wording thant the indictment with regard to the definition of intoxication.

The code says:
49.01.(2) "Intoxicated" means:
  (A)  not having the normal use of mental or physical faculties 
by reason of the introduction of alcohol, a controlled substance, 
a drug, a dangerous drug, a combination of two or more 
of those substances, or any other substance into the body;  or
  (B)  having an alcohol concentration of 0.08 or more.    




Wouldn't it be easier for everyone to understand if it was simply:
49.01.(2) "Intoxicated" means:
  (A)  not having the normal use of mental or physical faculties 
by reason of the introduction of any substance into the body;  or
  (B)  having an alcohol concentration of 0.08 or more. 
 
Posts: 689 | Registered: March 01, 2004Reply With QuoteReport This Post
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You are probably correct that the phrase "or any other substance" makes everything preceding it redundant.
 
Posts: 622 | Location: San Marcos | Registered: November 13, 2003Reply With QuoteReport This Post
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I think its better the way the code defines. If we summed it up, wouldn't someone who has gone into anaphylactic shock by ingesting a normal food item, like a banana, technically be intoxicated?

Or is substance specifically defined as drug, alcohol, combo, etc. elsewhere?

As far as I have understood, the "any other substance" is used to include any substance that is not a controlled substance or dangerous drug, but rather increases the effects of the alcohol when combined.

[This message was edited by Dustan on 02-08-08 at .]
 
Posts: 16 | Location: The Great State of Texas | Registered: November 14, 2007Reply With QuoteReport This Post
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Dustan checks in.
 
Posts: 2577 | Location: The Great State of Texas | Registered: December 26, 2001Reply With QuoteReport This Post
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quote:
Originally posted by Greg Gilleland:
Dustan checks in.
 
Posts: 16 | Location: The Great State of Texas | Registered: November 14, 2007Reply With QuoteReport This Post
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So let's all go party and smoke bananas!
 
Posts: 293 | Location: San Antonio | Registered: January 27, 2004Reply With QuoteReport This Post
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quote:
Originally posted by Dustan:
I think its better the way the code defines. If we summed it up, wouldn't someone who has gone into anaphylactic shock by ingesting a normal food item, like a banana, technically be intoxicated?

Or is substance specifically defined as drug, alcohol, combo, etc. elsewhere?

As far as I have understood, the "any other substance" is used to include any substance that is not a controlled substance or dangerous drug, but rather increases the effects of the alcohol when combined.

[This message was edited by Dustan on 02-08-08 at .]

A drug is a substance designed to effect the body that is not food, to paraphrase. But a banana would certainly qualify as "any other substance." Nothing in the law requires that "any other substance" be something that increases the effects of alcohol.
 
Posts: 622 | Location: San Marcos | Registered: November 13, 2003Reply With QuoteReport This Post
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Isn't the real problem that courts make us plead the intoxicat, which is not a element. That is what needs to be fixed.
 
Posts: 72 | Location: San Antonio, Texas, USA | Registered: December 13, 2004Reply With QuoteReport This Post
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quote:
Originally posted by SAProsecutor:
So let's all go party and smoke bananas!


Well, they do call it mellow yellow.
 
Posts: 1243 | Location: houston, texas, u.s.a. | Registered: October 19, 2001Reply With QuoteReport This Post
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Quite rightly!
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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Ejusdem generis

(Of the same kinds, class, or nature)

When a list of two or more specific descriptors are followed by more general descriptors, the otherwise wide meaning of the general descriptors must be restricted to the same class, if any, of the specific words that precede them.
 
Posts: 79 | Location: Texas | Registered: October 09, 2003Reply With QuoteReport This Post
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