Legal Opinion
State v. Smith
Oregon Supreme Court
Decided November 24, 1971PublishedCited by 20 opinions
1Opinion of the CourtDenecke, J.
The defendant was convicted of burglary. The Court of Appeals affirmed. 5 Or App 578, 484 P2d 1128 (1971). We granted the petition for review.
Defendant testified he had taken LSD several hours before the alleged burglary and was under the influence of the drug at the time. The defendant contends the trial court erred in giving the following instruction :
“I further instruct you that voluntary consumption of drugs or intoxicants or both is not an excuse for a crime. No act of a defendant in voluntary state of being drugged or being intoxicated or of both is less criminal because of his…
2Cases cited15 opinions
- Leland v. OregonSupreme Court of the United States · 1952
- State v. LelandOregon Supreme Court · 1951
- State v. McLeanOregon Supreme Court · 1970
- State v. WilsonSupreme Court of Iowa · 1943
- State v. ArnoldSupreme Court of North Carolina · 1965
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. HerreraOregon Supreme Court · 1979
- State v. SextonSupreme Court of Vermont · 2006
- Commonwealth v. BridgeSupreme Court of Pennsylvania · 1981
- White v. Com.Supreme Court of Virginia · 2006
- McNeil v. United StatesDistrict of Columbia Court of Appeals · 2007
15 more not listed; retrieve them via the Exa API.