Section 404 | CALCRIM (Jury Instructions)

Castillo (1997) 16 Cal.4th 1009, 1014 [68 Cal.Rptr.2d 648, 945 P.2d 1197];
People v. Saille (1991) 54 Cal.3d 1103, 1119 [2 Cal.Rptr.2d 364, 820 P.2d 588]
[in context other than aiding and abetting].
•
Burden of Proof. See People v. Saille (1991) 54 Cal.3d 1103, 1118–1119 [2
Cal.Rptr.2d 364, 820 P.2d 588] [in context other than aiding and abetting].
RELATED ISSUES
Intoxication Based on Mistake of Fact Is Involuntary
Intoxication resulting from trickery is not “voluntary.” (People v. Scott (1983) 146
Cal.App.3d 823, 831–833 [194 Cal.Rptr. 633] [defendant drank punch not knowing
it contained hallucinogens; court held his intoxication was result of trickery and
mistake and involuntary].)
Unconsciousness Based on Voluntary Intoxication Is Not a Complete Defense
Unconsciousness is typically a complete defense to a crime except when it is caused
by voluntary intoxication. (People v. Heffıngton (1973) 32 Cal.App.3d 1, 8 [107
Cal.Rptr. 859].) Unconsciousness caused by voluntary intoxication is governed by
former Penal Code section 22 [now Penal Code section 29.4], rather than by section
26, and is only a partial defense to a crime. (People v. Walker (1993) 14
Cal.App.4th 1615, 1621 [18 Cal.Rptr.2d 431] [no error in refusing to instruct on
unconsciousness when defendant was voluntarily under the influence of drugs at the
time of the crime].)
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Defenses, §§ 30–34.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 140,
Challenges to Crimes, § 140.10[3][c] (Matthew Bender).
405–414.
Reserved for Future Use
CALCRIM No. 404
AIDING AND ABETTING
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