Summary
In State v. Marriner, 93 N.J.L. 273, affirmed 95 N.J.L. 265, it was specifically held that `mental unsoundness produced by intoxication, even where it is so pronounced as to exhibit an entire prostration of the faculties of the defendant, is no defense against a criminal charge.
Summary of this case from State v. WhiteOpinion
File No. 8718.
Opinion filed April 16, 1945.
Appeal from Municipal Court of Sioux Falls; Hon. Gale B. Braithwaite, Judge pro tem.
Charles Lacey, of Sioux Falls, for Appellant.
George T. Mickelson, Atty. Gen., Charles P. Warren, Asst. Atty. Gen., and John R. MacDowell, State's Atty., of Sioux Falls, for Respondent.
The facts in this case are substantially the same as those appearing in State v. Smith, S.D., 18 N.W.2d 246, and the same rulings were made in the two cases. Upon authority of that case the judgment appealed from is reversed and the cause remanded for further proceedings.
SMITH, P.J., and ROBERTS and RUDOLPH, JJ., concur.
SICKEL, J., dissents.
POLLEY, J., not sitting.