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OSCN Found Document:Involuntary Intoxication Defined (350 words) |
 | Involuntary intoxication is a complete defense where the defendant is so intoxicated that he is unable to distinguish between right and wrong, the same standard as applied in an insanity defense. |
| Involuntary intoxication is solely a claim that the person, without personal culpability for the intoxication, was so intoxicated at the particular time as to be unable to know right from wrong, or the nature and consequences of his acts. |
| In this latter instance, the appropriate defense is insanity, not involuntary intoxication. |
| OSCN Found Document:Perryman v State (1271 words) |
| Involuntary intoxication never exists where the person intoxicated knows what he is drinking, and drinks the intoxicant voluntarily, and without being made to do so by force or coercion. |
| Involuntary intoxication is no defense or excuse for the commission of crime, but in a prosecution for murder may be considered by the jury, only for the purpose of determining whether or not the accused, at the time of the homicide, was capable of forming and entertaining a premeditated design to effect death. |
| In fact, involuntary intoxication is a very rare thing, and can never exist where the person intoxicated knows what he is drinking, and drinks the intoxicant voluntarily, and without being made to do so by force or coercion. |
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