What is the test for a defendant to prove that he was intoxicated 19 hours before his arrest and that he had been in the restroom at the time of his arrest?

California, United States of America


The following excerpt is from People v. Rowland, 21 Cal.App.3d 371, 98 Cal.Rptr. 419 (Cal. App. 1971):

His failure to call the five witnesses was undoubtedly a matter of trial tactics. The fact, if it were a fact, that defendant could prove that he was intoxicated 19 hours before his arrest and that he had visited the restroom would hardly account for his keeping the wallet so long. Moreover, the fact of his failure to disclose to his friends the finding of the wallet would do him more harm than any possible good that could come from their corroborating his alleged condition as to sobriety and his having been in the restroom. Defendant's inability to understand why his counsel did not call the five witnesses under the circumstances here cannot be a basis for inferring that his counsel was wrong. (See People v. Horner (1970) 9 Cal.App.3d 23, 87 Cal.Rptr. 917.)

Other Questions


If an officer had probable cause to arrest a defendant, would the search of that defendant have been a search incident to a lawful arrest? (California, United States of America)
When a defendant who had opened the door to a barber's shop has been arrested for possession of marijuana, what is the test for placing a person under arrest? (California, United States of America)
In what circumstances will the court order that a defendant be produced with all crime and arrest reports in which the principal charge is battery or resisting arrest? (California, United States of America)
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
What is the test for proving that a defendant was intoxicated at the time of the assault? (California, United States of America)
Does the Defendant have to prove malice to prove he did not act out of the heat of passion? (California, United States of America)
Does Defendant have a claim that the prosecution reduced the burden of proving a defendant's guilt by failing to instruct the jury that refusal was insufficient to establish guilt? (California, United States of America)
Can a defendant who kills another while driving under the influence rely upon the fact of self-induced intoxication to defend against the charge of murder? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.