Is voluntary intoxication relevant to a felony-murder theory in a first degree murder case?
California, United States of America
The following excerpt is from People v. Schuck, B223588 (Cal. App. 2012):
Defendant contends that the trial court erred in refusing a jury instruction regarding voluntary intoxication. Evidence of voluntary intoxication is relevant to the requisite specific intent to commit the underlying felony in a first degree murder case based on a felony-murder theory. (People v. Pensinger (1991) 52 Cal.3d 1210, 1242-1243.)
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