Can a defense of unconsciousness be raised in a second degree implied malice murder case?
California, United States of America
The following excerpt is from People v. Molina, B239984 (Cal. App. 2012):
The court added that even if it were "to agree there [were] circumstances in second degree implied malice murder drunk driving cases in which a defense of unconsciousness from voluntary intoxication could be raised," the facts did not warrant it. (People v. Ferguson, supra, 194 Cal.App.4th at p. 1083.) That is true in the instant case. There was no evidence presented of unconsciousness.
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