In Ashley v. State, 651 So. 2d 1096 (Ala. Crim. App. 1994) the Court of Criminal Appeals reversed a capital-murder conviction because the trial court had erred in refusing to give a manslaughter instruction after a witness testified that the defendant was intoxicated at the time of the crime.
Ashley's ex-girlfriend testified that she had seen him at a bar approximately two hours before the stabbing and that he "looked like he was out of it" and "looked like he was on drugs." 651 So. 2d at 1098. Another witness testified that Ashley looked "high" on the evening of the stabbing. Id.