As an appellate judge, provide a decision in this appeal addressing all t he relevant legal principles that are raised by the facts presented in this case.
As an appellate judge, provide a decision in this appeal addressing all t he relevant legal principles that are raised by the facts presented in this case.
Duncan (D) was a regular and secret user of a variety of drugs and hallucinogens, including LSD and considered himself to be quite capable of handling his “trips.” One night he attended a party with his girlfriend Jane who sufffered from frequent bouts of depression. Jane never used illegal drugs but that night she was particularly distraught over the recent death of her father. In order to cheer her up, and unknown to her, Duncan dropped an ecstasy pill in her drink and they danced into the wee hours of the morning. On the way home, Jane told Duncan that she felt as if she had descended into the center rof the earth and was floating in a dark void. Duncan replied that he felt as if he was fighting with poisonous snakes that were wrapping themselves around his neck and trying to kill him. Whereupon, Jane replied that snakes were attacking her also and one was about to strangle her.
Suddenly Duncan sped up as he approached a pedestrian crossing, and ran over an old man (Satiricus) who was attempting to cross the street dragging him for several feet before stopping the vehicle. Satiricus died and Duncan was convicted of voluntary manslaughter. He appeals on the ground that he never intended to hit and cause the death of the victim and was only trying to protect himself and his girlfriend Jane from what he thought was a poisonous snake. He further argued that he was addicted to drugs and the trial judge erred when he instructed the jury that voluntary intoxication is never a defense to crime.
You are an appellate judge. Provide a decision in this appeal and make sure you address all the relevant legal principles (discussed so far) that are raised by the facts presented in this case. Provide case law to support your decision.
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