Upstone v. People

Citations

• 109 Ill. 169
• 1883 Ill. LEXIS 42

Syllabus

<p>1. Criminal law—drunkenness, or insanity produced by intoxication, as a defence. Temporary insanity produced immediately by intoxication, furnishes no excuse for the commission of a homicide or other crime, but a fixed insanity does. Whether a party committing a crime is under the influence of a fixed insanity, or a temporary one induced immediately by intoxication, is a question of fact for the jury, and their verdict mil not be disturbed unless it is clearly against the evidence.</p> <p>2. While it is true there must be a joint union of act and intention, or criminal negligence, to constitute a criminal offence, yet when without intoxication the law will impute to the act a criminal intent,—as, in the case of a wanton killing of another without provocation, voluntary drunkenness is not available to disprove such intent, so as to reduce the crime from murder to manslaughter.</p> <p>3. Voluntary intoxication furnishes no excuse for crime committed under its influence, even if the intoxication is so extreme as to make the author of the crime unconscious of what he is doing, or to create a temporary insanity.</p> <p>4. Same—evidence of defendant’s previous habits of intoxication. On the trial of a defendant for murder, when insanity is set up in defence, and he is shown to have been intoxicated at the time of the homicide, evidence of his previous intoxication will be properly received from the prosecution, as bearing upon the question of intoxication at the time of the killing, and of the conduct of the defendant while in that state.</p> <p>5. Same—restraining violence of a prisoner pending motion for a new trial. After the trial and conviction of a prisoner, upon a charge of murder, upon the hearing of a motion for a new trial, which had been continued to a subsequent term, the prisoner broke out into manifestations of rage and violence towards the officers, and attempted to break away. Thereupon handcuffs were placed upon his wrists to restrain him. It was held,