Malice and Voluntary Intoxication
August 14th, 2015
People v. Turk (2008) 164 Cal. App. 4th 1361, 1382, rejected the defendant’s argument that the instruction gave insufficient guidance that malice aforethought and intent to kill are the same thing. The jury was instructed under CC 520 in defining murder that, “[t]he defendant acted with express malice if he unlawfully intended to kill.” (Ibid.) […]
Tags: CC 520, CC 625, Malice, Mens Rea, Voluntary Intoxication
CC 626 Is Equivalent To CJ 8.47
January 30th, 2014
People v. Carlson (2011) 200 Cal. App. 4th 695, 706, observed that CJ 8.47 was similar to CC 626, and that CJ 8.47 was approved by People v. Whitfield (1994) 7 Cal. 4th 437, 454.
Tags: CC 626, Defense Theory Instructions, Unconsciousness, Voluntary Intoxication
Voluntary Intoxication Resulting in Unconsciousness Instruction Not Applicable To Second Degree Murder Due To Drunk Driving
January 20th, 2014
People v. Ferguson (2011) 194 Cal. App. 4th 1070, 1082, held that although voluntary intoxication resulting in unconsciousness will normally reduce second degree murder to involuntary manslaughter, it does not do so in the context of drunk driving because the manslaughter statute states it is inapplicable “to acts committed in the driving of a […]
Tags: CC 626, Defense Theory Instructions, DUI/DWI, Murder, Unconsciousness, Voluntary Intoxication
