Summary

Horace Gray,  Tucker v. United States — Opinion of the Court

“ By the common law, neither deliberate premeditation, nor express malice or intent to kill, is required to make an unlawful homicide murder, but malice may be implied from the use of a deadly weapon or other significant facts; and any unlawful killing without malice, express or implied, is manslaughter. It has often been held, and was formerly considered to be settled law, that a wanton killing without provocation could not, by reason of being done by a man voluntarily intoxicated to any degree, not amounting to insanity, be excused, or reduced from murder to manslaughter. ”
Source: Wikisource

Horace Gray,  Tucker v. United States — Opinion of the Court

“ People, 104 U.S. 631, this court recognized the general rule that, at common law, voluntary intoxication affords no excuse, justification, or extenuation of a crime committed under its influence, and went no further in favor of admitting evidence of intoxication than to hold that a defendant, indicted under a territorial statute establishing degrees of murder, and requiring deliberate premeditation to constitute murder in the first degree, might show that, at the time of the killing, he was in such a condition, by reason of drunkenness, as to be incapable of deliberate premeditation. ”
Source: Wikisource

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