People v. Saille

54 Cal.3d 1103 (1991)

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Nature of the Case

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Facts

Saille (D) started drinking at a friend's house shortly before noon. By 6 p.m. he had downed about 15-18 beers and then went to a bar to get three or four more. When he left, he was noticeably drunk, and he was refused service at Eva's Cafe. D then returned one hour later, was rebuffed, then returned again, and said he was going to kill the bouncer. D went home, got his rifle, and then went back to the bar and eventually the gun discharged in the scuffle with a patron being killed. D was eventually subdued outside the bar. A blood sample was taken two hours later. It showed a blood alcohol level of .14 percent. Expert testimony estimated the level at .19 percent at the time of the shooting. D was convicted and appealed based on the jury instructions given for voluntary intoxication and whether such intoxication could reduce murder to manslaughter. The court instructed on first and second-degree murder and voluntary and involuntary manslaughter and instructed that voluntary intoxication could be used to determine whether D had the specific intent to kill, but it did not relate voluntary intoxication to anything other than the specific intent to kill.