Does a defendant have to prove he was in a state of intoxication to be found guilty of a charge of larceny?

California, United States of America


The following excerpt is from People v. Stewart, G039316 (Cal. App. 5/7/2009), G039316. (Cal. App. 2009):

Here defendant has not shown prejudice. To prevail on his defense defendant had to show more than mere proof of intoxication; he had to prove he did not have the intent to commit larceny. ( 459; People v. Teamer (1993) 20 Cal.App.4th 1454, 1457-1458.) "No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his or her having been in that condition. Evidence of voluntary intoxication shall not be admitted to negate the capacity to form any mental states for the crimes charged . . . [] . . . [but] is admissible solely on the issue of whether or not the defendant actually formed a required specific intent . . . ." ( 22, subds. (a), (b).)

Other Questions


What is the effect of Section 969a of the California Criminal Code when a jury has found a defendant not guilty of a charge of assault but found him guilty of the same charge? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
Is there any case law where a defendant has been found not guilty of a charge but found guilty of assault? (California, United States of America)
What is the test for admissibility of a motion where a defendant has been found guilty of a charge of assault against an uncharged defendant? (California, United States of America)
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Can a jury reverse a finding that a defendant guilty only of manslaughter be found guilty of a lesser charge? (California, United States of America)
What is the effect of a rule in the criminal code allowing a defendant to plead guilty to a lesser charge if they are found guilty of the same offence? (California, United States of America)
Does a defendant have to plead guilty to a charge that was dismissed in exchange for a plea of guilty to another charge? (California, United States of America)
What is the test for overturning a finding that a defendant has been found guilty of a charge of sexual assault against two different defendants? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.