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Glossary : drunkenness

Definition 1


Intoxication with strong liquor.

2. This is an offence generally punished by local regulations, more or
less severely.

3. Although drunkenness reduces a man to a temporary insanity, it does
not excuse him or palliate his offence, when he commits a crime during a
fit of intoxication, and which is the immediate result of it. When the act
is a remote consequence, superinduced by the antecedent drunkenness of the
party, as in cases of delirium tremens or mania a potu, the insanity
excuses the act. 5 Misons R. 28, Amer. Jurist, vol. 3, p. 5-20, Martin and
Yeagers. R. 133, 147,. Danes Ab. Index, h. t., 1 Russ. on Cr. 7,
Ayliffes Parerg. 231 4 Bl. Com. 26.

4. As there must be a will and intention in order to make a contract, it
follows, that a man who is in such a state of intoxication as not to know
what he is doing, may avoid a contract entered into by him while in this
state. 2 Aik. Rep. 167, 1 Green, R. 233, 2 Verm. 97, 1 Bibb, 168, 3 Hayw.
R. 82, 1 Hill, R. 313, 1 South. R. 361, Bull. N. P. 172, 1 Ves. 19, 18 Ves.
15, 3 P.Wms. 130, n. a, Sugd. Vend. 154, 1 Stark. 126, 1 South. R. 361, 2
Hayw. 394, but see 1 Bibb, R. 406, Rays Med. Jur. ch. 23, 24, Fonbl. Eq.
B. 2, 3, 22 Am. Jur. 290, 1 Fodere, Med. Leg. 215. Vide Ebriosity,
Habitua. drunkard.


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