People v. Rumph

Memorandum. The order of the Appellate Division should be affirmed. The principal error which appellant asserts was not preserved for our review.

On trial appellant claimed that the conduct on which the charges against him were predicated occurred while he was under the influence of Coca Cola which had been spiked with LSD without his knowledge. At the conclusion of the evidence he requested a charge that intoxication is a defense if by reason thereof the actor "is not capable of forming the requisite intent”. In his charge the Trial Judge thereafter included references to the effect to be…