Is voluntary intoxication in a murder case admissible to negate implied malice?
California, United States of America
The following excerpt is from People v. Reuschel, C084423 (Cal. App. 2020):
acted without implied malice." (People v. Soto (2018) 4 Cal.5th 968, 975; see People v. Turk (2008) 164 Cal.App.4th 1361, 1375 [evidence of "voluntary intoxication [is] inadmissible to negate implied malice in cases in which a defendant is charged with murder"].) The trial court did not err in instructing otherwise.
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