What is the test for diminished capacity due to intoxication?
California, United States of America
The following excerpt is from People v. Castaneda, 125 Cal.Rptr. 9, 52 Cal.App.3d 334 (Cal. App. 1975):
Appellant contends the trial court erred in failing to consider whether his intoxication negated malice aforethought thereby reducing offense to manslaughter. He also contends that the recent decision in People v. Ray (14 Cal.3d 20, 120 Cal.Rptr. 377, 533 P.2d 1017) changed [52 Cal.App.3d 342] the law with respect to the defense of diminished capacity due to intoxication and its relation to involuntary manslaughter. The contentions are without merit.
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