What is the test for intoxication in a criminal case?
California, United States of America
The following excerpt is from People v. Degante, G054268 (Cal. App. 2018):
As stated in People v. Spencer (1963) 60 Cal.2d 64, "'The mere fact that a defendant may have been drinking prior to the commission of a crime does not establish intoxication or require the giving of a requested instruction thereon.'" (Id. at pp 87-88.)
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