People v. Belencia

Citations

• 21 Cal. 544

Syllabus

<p>On a trial for murder, under our statute, where the means employed in the killing are not such as to determine the degree of the offense, proof that the defendant was drunk at the time of the killing is admissible in his favor. Presumptively, every killing is a murder; but so far as the degree is concerned, no presumption arises from the mere fact of the killing, considered apart from the circumstances under which it occurred.</p> <p>The question of degree is one of fact, to be determined by the jury from the evidence ; and drunkenness, as evidence of a want of premeditation, is not within the rule which excludes it as an excuse.</p> <p>A man who is drunk may act with premeditation as well as a sober one, and is equally responsible for the consequences of his act; but in determining the question of premeditation, the defendant’s condition, as drunk or sober, and any other fact tending to show his mental status at the time, is proper for the consideration of the jury.</p> <p>The weight to be given to such evidence is a matter for the jury to determine; but it should be received with caution, and carefully examined in connection with the other circumstances.</p>