Does a jury need to be instructed on intoxication before deciding whether to convict a defendant of second-degree murder?
California, United States of America
The following excerpt is from People v. Barton, 12 Cal.4th 186, 47 Cal.Rptr.2d 569, 906 P.2d 531 (Cal. 1995):
6 The trial court in People v. Saille, supra, 54 Cal.3d 1103, 2 Cal.Rptr.2d 364, 820 P.2d 588, instructed the jury on second degree murder, the lesser included offense to which an instruction on intoxication would have been relevant; thus, there was no claim in that case that the trial court failed to instruct the jury on second degree murder as a lesser included offense.
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