Legal Opinion

People v. Brewer

Michigan Court of Appeals

Decided October 24, 1980No. Docket 47087PublishedCited by 8 opinions

1Per curiam

On March 16, 1979, defendant was convicted by a jury of criminal sexual conduct in the second degree, contrary to MCL 750.520c(l)(a); MSA 28.788(3)(l)(a). Defendant was sentenced to a term of 3 to 15 years imprisonment and now appeals by right.

The determinative issue in this appeal is whether the trial court was legally correct in instructing the jury that voluntary intoxication is not a defense to the crime of second-degree criminal sexual conduct. We hold that no error was committed.

It is the general rule that voluntary intoxication does not negate an accused’s general intent which is…

2Cases cited2 opinions

  1. People v. TaylorMichigan Court of Appeals · 1977
  2. People v. ZunigaMichigan Court of Appeals · 1974

3Cited by8 opinions

  1. People v. LangworthyMichigan Supreme Court · 1982
  2. People v. PiperMichigan Court of Appeals · 1997
  3. State v. BeishirSupreme Court of Missouri · 1983
  4. People v. LeoMichigan Court of Appeals · 1991
  5. Flink v. StateCourt of Appeals of Alaska · 1984

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