Is intoxication a specific intent crime in second degree implied malice murder?

California, United States of America


The following excerpt is from People v. Whitfield, 11 Cal.App.4th 1045, 15 Cal.Rptr.2d 4 (Cal. App. 1992):

As discussed above, we have concluded that second degree implied malice murder is not a specific intent crime. Penal Code section 22 allows evidence [21 Cal.App.4th 1426] of intoxication to be used to show the lack of a required mental state only "when a specific intent crime is charged." (See also People v. Bobo (1990) 229 Cal.App.3d 1417, 1442, 3 Cal.Rptr.2d 747 [noting that Penal Code section 28 "is a general statute covering all specific intent crimes."].)

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