Can a defendant rely on unconsciousness caused by his intoxication as a defense to implied malice murder?
California, United States of America
The following excerpt is from People v. Segura, 2d Crim. No. B262218 (Cal. App. 2016):
Sufficiency of evidence to support the instruction aside, 1995 statutory amendments to former section 22 (renumbered in 2012 as section 29.4) preclude defendant from relying on unconsciousness caused by his voluntary intoxication as a defense to implied malice murder. (People v. Boyer (2006) 38 Cal.4th 412, 469, fn. 40, [dictum that in view of statutory amendments to former section 22, voluntary intoxication to the point
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