Does the absence of an intoxication instruction in a jury trial affect the credibility of a defendant's alibi and his testimony of having had at least four drinks?
California, United States of America
The following excerpt is from People v. Cram, 12 Cal.App.3d 37, 90 Cal.Rptr. 393 (Cal. App. 1970):
2 'Absence of an intoxication instruction was justified as a tactical choice, for the jurors might have viewed it as a court-sponsored invitation to disbelieve defendant's claim of alibi and his testimony of 'three-four' drinks.' (People v. Crawford, Supra, 259 Cal.App.2d 874, 880, 66 Cal.Rptr. 527, 532.)
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