Does intoxication negate implied malice in a murder case?
California, United States of America
The following excerpt is from People v. Faulkner, C086717 (Cal. App. 2019):
intoxication may negate express malice, it may only negate implied malice where defendant was unconscious and therefore unable to act with conscious disregard for human life. (People v. Turk (2008) 164 Cal.App.4th 1361, 1375-1379.) Defendant might have felt the effects of marijuana, but he does not allege, and the record does not support, the proposition that he was unconscious at the time of the shooting.
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