What is the test for proving that a defendant was intoxicated at the time of the assault?
California, United States of America
The following excerpt is from People v. Hodges, C076991 (Cal. App. 2016):
"[E]vidence of voluntary intoxication [is] relevant on the issue of whether the defendant actually formed any required specific intent." (People v. Pensinger (1991) 52 Cal.3d 1210, 1242-1243; see 29.4, subd. (b).) Thus, in an attempted homicide case,
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it may be relevant to the issues of premeditation and deliberation and intent to kill. ( 29.4, subd. (b).)
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