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Roberts v. People

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Bloomberg Law

Citation. 22 Ill.19 Mich. 401 (1870)

Brief Fact Summary. The Defendant was charged with assaulting with intent to murder Charles Greble by shooting him with a pistol. He asserted that he was intoxicated and unable to form the intent to commit the crime charged.

Synopsis of Rule of Law. Voluntary intoxication may be a defense to a specific intent crime if the defendant proves that his faculties were so overcome by intoxication as to render him unconscious of his actions and therefore unable to form the intent to commit a crime.


Facts. The Defendant shot at Greble with a pistol. He was charged and convicted of assault with intent to murder. At trial, the Defendant claimed that he was voluntarily drunk at the time of the shooting and could not form the intent to commit the act charged. The trial court and the Circuit Court both held that voluntary intoxication is not defense to a crime, and the Defendant brought this appeal.

Issue. Is voluntary intoxication a defense to a specific intent crime?

Content Type: Brief


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