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Assume a defendant is convicted of murder under a state felony-murder statute. The underlying crimes were rape and burglary. The defendant contended he was high
Assume a defendant is convicted of murder under a state felony-murder statute. The underlying crimes were rape and burglary. The defendant contended he was "high" on Quaaludes and alcohol and had no memory of committing the crime. Assuming the state had a "diminished capacity" defense available at the time the crime was committed (California subsequently abolished the defense), what "mens rea" can be rebutted by the defense? The killing of the victim? The burglary? The rape? See People v. Vasquez, 2015 WL8297698
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