People v. Kelley
Michigan Court of Appeals
176 N.W.2d 435 (1970)
- Written by Angela Patrick, JD
Facts
Robert Kelley (defendant) had a history of drinking heavily and not remembering what he did afterward. Kelley had also committed an armed robbery after drinking but while still sober enough to realize what he was doing. Kelley engaged in a long period of heavy drinking and eventually blacked out, i.e., stopped realizing or remembering what he was doing. During this period of intoxication, Kelley and another man committed an armed robbery. At trial, the court instructed the jury that if Kelley’s intoxication prevented Kelley from being conscious of what he was doing, he could not be guilty of the specific-intent crime of armed robbery—unless Kelley had known before he started drinking that drinking might cause him to lose control and commit a crime. The jury convicted Kelley of armed robbery. On appeal, Kelley argued that the trial court had incorrectly instructed the jury that Kelley could have a specific intent to commit armed robbery solely by knowing that he might commit some crime if he drank heavily.
Rule of Law
Issue
Holding and Reasoning (Levin, J.)
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