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21. Can the man raise an intoxication defense?
The man has been charged with murder in a jurisdiction that follows the common law.
A man who believed that his wife was cheating on him with her gym trainer decided to kill the trainer. He loaded his handgun and set off for the trainer's house. Because he was anxious about committing the crime, the man first stopped at a bar, drank eight shots of hard liquor, and became intoxicated. He then left the bar and went to the trainer's house. When the trainer answered the door, the man shot and killed him. The man then passed out on the trainer's porch.
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A is incorrect. This answer choice misstates the applicable law; the proximate cause of the crime is not at issue here, and it can be eliminated.
C is incorrect. This answer choice also misstates the applicable law; it is irrelevant whether the drinking at the bar was a foreseeable intervening cause of the killing.
D is incorrect. Common law murder is not considered a specific intent crime. The intent requirement is malice aforethought. Voluntary intoxication is not available as a defense here because it does not negate the man's mental state.