Friday, February 5, 2016

Intoxication as a Defense

On Thursday, the Mississippi Supreme Court decided Hale v. State located here.  The Defendant in the case alleged that his drink was spiked such that he did not have the specific intent to purchase certain narcotics.  The conviction was ultimately affirmed.  However, this case has one of the most detailed discussions of when intoxication is and is not a defense to a crime.  It also discusses automatism which the court hints is a potentially viable defense in Mississippi.  I am surprised this defense is not used more. 

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