People v. Davis

OPINION OF THE COURT

Edward C. Alfano, J.

Defendant has been indicted for felony murder1 (two counts) (the underlying felonies are robbery and burglary) and one count of intentional murder. Defendant’s confession indicates that at the time of the homicide he was “high” on drugs. In its jury charge this court did not charge intoxication as to felony murder, but did charge intoxication as to intentional murder. The court wishes to expand on its rationale.2

Other States have discussed the issue of whether voluntary intoxication is a defense to felony murder. Such States as Pennsylvania and New…