The instruction in Davis however did not deal with the requirement of "gross intoxication" which seems to be the standard in West Virginia to negate specific intent.

... to general-intent crimes. Voluntary intoxication is a defense to specific intent crimes. [B] Special Rule for Homicide – Two states, Virginia and ...

Brant, 252 S.E.2d 901, 903-04 (W. Va. 1979). Intoxication can serve as a defense to burglary if the defendant was so intoxicated that he or she could not form the specific intent to ...

... second degree, as long as the specific intent did not antedate the intoxication. ... Virginia Rules of Criminal Procedure because the defendant did not introduce any evidence ...

... or obscene phone call in violation of Va. Code Sect. 18.2-427; and the circuit court also dismisses charges of public intoxication ... any illegal or immoral act with the intent to ...

4. The Supreme Court of Appeals of West Virginia frequently uses the term "diminished capacity" in cases in ... defense, but the use of intoxication to negate specific intent: ...

Voluntary intoxication cannot be used to negate intent except on a charge of first degree murder. Chittum v. Commonwealth, 211 Va. 12, 17-18, 174 ...

Drug Possession with Intent to Distribute: Virginia Criminal Charges & Penalties ... being intoxicated, whether willfully or not, and whether such intoxication ...

Virginia Criminal Defense Lawyers Former Police and ... conduct when an individual, “. . . with the intent to ... whether willfully or not, and whether such intoxication results ...

... tends to show the existence of a different legislative intent. See Williams v. Matthews, 248 Va. 277, 284, ... view that Gardner applied the definition of intoxication of former ...