Erickson v. State

In Erickson v. State, 13 S.W.3d 850 (Tex. App.--Austin 2000, pet ref'd), there was no evidence that the appellant had consumed any intoxicant other than alcohol, but a jury charge was upheld that instructed the jury that a person is intoxicated within the meaning of the law "when such person does not have the normal use of his physical or mental faculties by reason of the introduction of alcohol, a controlled substance, a drug, or a combination of two or more of these substances into the body." Id. The Court held that where it is clear that the State urged the jury to convict on the basis of a finding that the appellant was intoxicated by the use of alcohol alone, a jury charge tracking the statutory definition of "intoxication" does not constitute reversible error. Id. at 852.