How has the court interpreted the language of Instruction 18 of the intoxication instruction in a criminal case?

A defendant is entitled to an instruction concerning his theory of the case if it is supported by law and has some foundation in the evidence. United States v. Winn, 577 F.2d 86, 90 (9th Cir.1978). So long as the instructions fairly and adequately cover the issues presented, the judge's formulation of those instructions or choice of language is a matter of discretion. United States v. Abushi, 682 F.2d 1289, 1299 (9th Cir.1982).

In deciding the adequacy of the trial court's instructions, we consider the instructions as a whole. United States v. Smith, 735 F.2d 1196, 1198 (9th Cir.1984); accord United States v. Tille, 729 F.2d 615, 623 (9th Cir.1984). It is apparent from our review that the court's initial instructions properly indicated the government's burden of proving the defendant guilty beyond a reasonable doubt as to each element of the offense, including specific intent. In re Winship, 397 U.S. 358, 363, 90 S.Ct. 1068, 1072, 25 L.Ed.2d 368 (1970). Thus, the focus of our inquiry turns to the language of Instruction Number 18, the intoxication instruction.

The defendant in a criminal matter has an obligation to raise defenses in his own behalf. United States v. Hartfield, 513 F.2d at 254. Use of the phrase "defendant contends" aptly describes the manner in which the defendant raises those defenses. While we agree that there might be a better way to phrase it, we do not find this choice of language to be an abuse of discretion. Additionally, because the law places on a defendant the burden of producing "slight" evidence of drug intoxication before an instruction on the defense may be given, we find that the first sentence of Instruction 18 comports with the law without shifting the burden of proof.