Skip to main content
· 12/18/1992

Commonwealth v. Herd

Citations

  • 604 N.E.2d 1294
  • 413 Mass. 834
  • 1992 Mass. LEXIS 626

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • \The weight of authority in this country recognizes an insanity defense that is based on a mental disease or defect produced by long-term substance abuse.\
  • defendant need not know he had mental disease or defect so long as he knew intoxication from voluntary cocaine consumption caused or might cause him to beat someone
  • “We are unwilling, in order to justify a homicide conviction, to permit the moral fault inherent in the unlawful consumption of drugs to substitute for the moral fault that is absent in one who lacks criminal responsibility.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Liacos, Wilkins, Abrams, Nolan, Greaney

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.