People v. Garcia

Henry Garcia shot and killed his wife, Eileen Garcia, and a man with her, Blevins Rinehart. The information charged first-degree murder of his wife. He was convicted of that offense by the judge following a bench trial.

The defense was that the shooting was accidental or that, by reason of intoxication, Garcia did not intend to kill and, if he did, the killing was not "wilful, deliberate and premeditated”.1

Intoxication does not negative "general intent”. It can be shown, however, to negative a requisite "specific intent”. People v Crittle, 390 Mich 367, 372; 212 NW2d 196 (1973); People v…