David Keith Hood (defendant) had been drinking heavily. Hood, Hood's brother, and some friends forced themselves into the home of Hood's ex-girlfriend, and the ex-girlfriend's neighbors called the police. When two police officers arrived and questioned Hood and his friends, Hood swore repeatedly at the officers. One of the officers began to place Hood under arrest, and Hood began swinging his fists at the officer. Hood's brother then jumped on top of the other officer. During the course of the struggle, Hood grabbed a gun from an officer's belt and shot him in the legs. Hood was charged with, among other things, assault with a deadly weapon upon a peace officer. A jury convicted Hood, and Hood appealed. On appeal, Hood challenged the trial court's jury instructions regarding the effect of intoxication on the charged crime.