California, United States of America
The following excerpt is from People v. Buckner, 233 Cal.App.3d 121, 284 Cal.Rptr. 378 (Cal. App. 1991):
"In the crime of __ of which the defendant is accused [in Count[s] __ of the information], a necessary element is the existence in the mind of the defendant of the [specific intent to __] [mental state[s] of __]. [p] If the evidence shows that the defendant was intoxicated at the time of the alleged crime, you should consider that fact in determining whether defendant had such [specific intent] [mental state]. [p] If from all the evidence you have a reasonable doubt whether the defendant formed such [specific intent] [mental state[s]], you must find that [he] [she] did not have such [specific intent] [mental state[s]]."
4 Further statutory references are to the Penal Code.
5 We disapproved Rosaia on other grounds in People v. Horn (1989) 213 Cal.App.3d 701, 708, 261 Cal.Rptr. 814.
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