People v. Hood case brief

 

• People v Hood- D who had been drinking heavily resisted an effort by a police officer to subdue and arrest him in the course of a struggle seized the officer’s gun and hot him in the legs.
  • When the definition of a crime consists of only the description of a particular act without reference to intent to do a further act or achieve a further consequence, we ask whether the D intended to do the proscribed act. This intention is deemed general criminal intent.
  • When the definition refers to D’s intent to do a further act or achieve some additional consequence, the crime is deemed to be one of specific intent.
  • Since a drunk man is capable of forming an intent to do something simple (like strike another person) and the influence of the alcohol is MORE likely to make him act rashly and perform such acts, it would be anomalous to allow evidence of intoxication to relieve a man of responsibility for the crimes of assault with a deadly weapon and simple assault.