STATE v. FOX

No. 80-1684.

68 Ohio St. 2d 53 (1981)

THE STATE OF OHIO, APPELLANT, v. FOX, APPELLEE. THE STATE OF OHIO, APPELLANT, v. CUSTER, APPELLEE. THE STATE OF OHIO, APPELLANT, v. FREEMAN, APPELLEE.

Supreme Court of Ohio.

Decided November 18, 1981.


Attorney(s) appearing for the Case

Mr. Lee E. Fry, prosecuting attorney, and Mr. Richard M. Howell, for appellant.

Mr. Carl A. Cramer, for appellees.


CLIFFORD F. BROWN, J.

The common law and statutory rule in American jurisprudence is that voluntary intoxication is not a defense to any crime. Long v. State (1923), 109 Ohio St. 77, 86. An exception to the general rule has developed, where specific intent is a necessary element, that if the intoxication was such as to preclude the formation of such intent, the fact of intoxication may be shown to negative...

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