Legal Opinion

People v. Lewis

California Supreme Court

Decided January 15, 1869PublishedCited by 20 opinions

Appeal from the District Court, Sixteenth Judicial District, Fresno County, The Court instructed the jury as follows: “It is a well settled principle of law that drunkenness is no excuse for the commission of a crime. * * * Insanity produced by intoxication does not destroy responsibility, when the party when sane and responsible made himself voluntarily intoxicated; and drunkenness forms no defense whatever to the fact of guilt—for when a crime is committed by a party while…

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Appeal from the District Court, Sixteenth Judicial District, Fresno County, The Court instructed the jury as follows: “It is a well settled principle of law that drunkenness is no excuse for the commission of a crime. * * * Insanity produced by intoxication does not destroy responsibility, when the party when sane and responsible made himself voluntarily intoxicated; and drunkenness forms no defense whatever to the fact of guilt—for when a crime is committed by a party while in a fit of intoxication, the law will not allow him to avail himself of the excuse of his own gross vice and…

1Opinion of the Court

By the Court, Crockett, J. :

The defendant was indicted and tried for the crime of murder in the killing of one Johnson. He was convicted of murder in the second degree, and after the verdict moved for a new trial, on the grounds, first, that the Court had misdirected the jury, and second, that the verdict was contrary to the law and the evidence. The motion having been denied, the defendant has appealed.

We discover no substantial error in the charge of the Court to the jury. Taken as a whole, we think it fairly states the law of the case, and that the jury could not have been misled to the…

2Cited by20 opinions

  1. People v. GorshenCalifornia Supreme Court · 1959
  2. People v. MilnerCalifornia Supreme Court · 1898
  3. People v. De MossCalifornia Supreme Court · 1935
  4. People v. MetheverCalifornia Supreme Court · 1901
  5. People v. BlakeCalifornia Supreme Court · 1884

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