PEOPLE v. WHITFIELD

Docket No. S030759.

7 Cal.4th 437 (1994)

868 P.2d 272

27 Cal. Rptr.2d 858

THE PEOPLE, Plaintiff and Respondent, v. STEPHEN MARTIN WHITFIELD, Defendant and Appellant.

Supreme Court of California.

February 28, 1994.


Attorney(s) appearing for the Case

COUNSEL

Stefanie A. Sada, under appointment by the Supreme Court, for Defendant and Appellant.

Madeline McDowell and John T. Philipsborn as Amici Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Robert M. Foster, Keith I. Motley, Garrett Beaumont and Janelle B. Davis, Deputy Attorneys General, for Plaintiff and Respondent.

Kent S. Scheidegger and Charles L. Hobson as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

GEORGE, J.

We granted review in this case to resolve a conflict in decisions of the Courts of Appeal regarding whether, under Penal Code section 22,1 evidence of voluntary intoxication is admissible in a prosecution for second degree murder when the prosecution seeks to establish the existence of malice aforethought on an implied malice theory, i.e., seeks to prove that the defendant acted with...

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