People v. Saille case brief

People v. Saille case brief summary
820 P.2d 588 (1991)

CASE SYNOPSIS

Defendant sought review of an order of the Court of Appeal (California), which affirmed his convictions for first degree murder and attempted murder.

CASE FACTS
Defendant was convicted of first degree murder and attempted murder, and his convictions were affirmed.

DISCUSSION

• On appeal, the court also affirmed, and held that Cal. Penal Code §§ 22, 28, taken in combination, provided that voluntary intoxication or mental condition could be considered in deciding whether there was actual malice pursuant to Cal. Penal Code § 188, which provided that when an intentional killing was shown, malice aforethought was established. 
• Although diminished capacity voluntary manslaughter was no longer a valid defense, a defendant was still free to show that because of his mental illness or voluntary intoxication, he did not in fact form the intent unlawfully to kill. In a murder case, if such evidence were believed, the only supportable verdict would be involuntary manslaughter or acquittal. 
• Defendant's requested jury instruction was one which related particular facts to a legal issue in the case, and, like a pinpoint instruction, was not required to be given sua sponte. 
• The instructions on involuntary manslaughter sufficiently apprised the jury that a defendant did not have to be unable to move to be considered unconscious as a result of voluntary intoxication.

CONCLUSION
Defendant's convictions for first degree murder and attempted murder were affirmed because the trial court correctly instructed the jury as to the effect of defendant's voluntary intoxication on the offenses with which he was charged.

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