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01/08/76 PEOPLE v. LERMA

January 8, 1976

PEOPLE
v.
LERMA



Appeal from Macomb, Frank Jeanette, J.

Leave to appeal denied, 396 Mich 848.

McGregor, P. J., and T. M. Burns and N. J. Kaufman, JJ.

SYLLABUS BY THE COURT

1. -- Intoxication -- Defense of Intoxication -- Specific Intent Crimes.

Voluntary intoxication can be a defense to a criminal act only where the crime charged requires a specific intent to be proved.

2. -- Specific Intent Crimes -- Definition.

Specific intent means some intent in addition to the intent to do a physical act which a crime requires, and specific intent crimes are limited only to those crimes which are required to be committed either purposefully or knowingly; therefore, in order to commit a specific intent crime an offender must subjectively desire or know that the prohibited result will occur.

3. -- Unlawfully Driving Away Automobile -- Specific Intent -- Intoxication as Defense.

A specific intent to take possession unlawfully of a vehicle is a necessary ingredient of the joyriding statute, and, therefore, a defendant has a right to interpose an intoxication defense to such a charge (MCLA 750.413; MSA 28.645).

The opinion of the court was delivered by: Mcgregor

Lawrence Lerma was convicted of unlawfully driving away an automobile. Defendant appeals.

Defendant, Lawrence Lerma, was convicted by a jury of taking possession and driving away a motor vehicle, contrary to MCLA 750.413; MSA 28.645. *fn1 Defendant now appeals that conviction as a matter of right.

During trial, the defendant attempted to establish a defense based upon intoxication. However, the trial court, in its charge to the jury, precluded intoxication as a permissible defense, stating:

"There has been some testimony that the defendant and his companion had wine to drink. Ladies and gentlemen, it is well settled law in this state that except in a crime involving specific ...


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