Commonwealth v. Shumway

By Judge Charles E. Poston

This matter is before the Court upon the Defendant’s motion in limine in which he asks the court to determine “whether involuntary intoxication is a separate and independent defense or is simply party of the more common temporary insanity defense.” The court holds that involuntary intoxication is a criminal defense separate and distinct from the temporary insanity defense.

Factual Background

For purposes of this motion, the facts are largely undisputed. During the evening hours of April 19, 2006, the Defendant arrived at a party of local college students. Various…