People v. Zekany

Judge DUBOFSKY

dissenting.

I respectfully dissent. In my view, the trial court erred in failing to instruct the jury that intoxication was an affirmative defense to the charge of universal malice/extreme indifference murder.

Universal malice/extreme indifference murder is one of several forms of murder included in our first degree murder statute. See § 18-3-102(1), C.R.S. (1986 Repl.Vol. 8B). Since the consequences for committing first degree murder are greater than those for second degree murder, the mens rea and/or actions which justify a conviction in the former category must be different and…