Virginia Model Jury Instructions – Criminal
CHAPTER 33 HOMICIDE

Instruction No. 33.950 Intent—Intoxication Defense

If you find that the defendant was so greatly intoxicated by the voluntary use of [alcohol; drugs] that he was incapable of deliberating or premeditating, then you cannot find him guilty of [aggravated murder; murder in the first degree].

Voluntary intoxication is not a defense to (specify lesser degree of homicide).

 

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