People v. Grim

Defendant appeals his conviction by a jury of assault with intent to rape. MCLA 750.85; MSA 28.280. We find reversible error in the trial court’s instruction to the jury on the defense of intoxication.

People v Crittle, 390 Mich 367, 374; 212 NW2d 196, 199 (1973), clearly elucidates the proper nature of a jury instruction on intoxication as a defense to those crimes requiring specific intent:

"These various rules all have one thing in common. They refer to a capacity standard. Their test is not Justice Cooley’s — '[T]he crime cannot have been committed when the intent did not exist.’ Their test…