People v. Scott

The defendant was found guilty by a jury on February 6, 1973, of breaking and entering with intent to commit larceny. MCLA 750.110; MSA 28.305.

Five issues are raised for our consideration, the most important one being the. claim that the instructions to the jury on the defense of intoxication were erroneous, confusing and contradictory.

The disputed charge reads as follows:

"While voluntary drunkenness is not an excuse for the commission of a crime, where a certain criminal intent is necessary, as in breaking and entering, if the defendant was so intoxicated as to be incapable of entertaining…