Is evidence of voluntary intoxication admissible in the context of a murder charge?
California, United States of America
The following excerpt is from People v. Perry, B260958 (Cal. App. 2016):
In the context of a murder charge, evidence of voluntary intoxication "is admissible solely on the issue of . . . whether the defendant premeditated, deliberated, or harbored express malice aforethought." ( 29.4; see, e.g., People v. Martin (2000) 78 Cal.App.4th 1107, 1114.) Thus, voluntary intoxication is inadmissible to negate implied malice. (People v. Martin, supra, 78 Cal.App.4th at p. 1114.)
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