PEOPLE V. SAILLE
54 Cal.3d 1103 (1991)
CASE: This was an appeal from conviction of first-degree murder. Saille (D) sought review of an order, which affirmed his convictions for first degree murder and attempted murder.
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 in fact 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.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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