Trebilcox

Defendant was convicted of the crime of murder in the first degree and the death penalty was imposed. Upon his appeal the only complaint which he makes is of errors of the court in giving and refusing to give instructions. In general, it may be said that the jury was instructed with great care and clearness. The instruction upon voluntary intoxication of which complaint is made omits the phrase “when sane.and responsible.” This is an important qualification, and should always be given; but its omission in this case is covered by other qualifying instructions. (People v. Methever, 132 Cal. 332 , [ 64 Pac. 481 ].) Instructions 5 and 6, given at plaintiff's request, were to the effect that “uncontrollable or irresistible impulse” or “emotional insanity,” beginning on the eve of the criminal act and ending with its consummation, had no legal standing in this state as a defense to crime. In this the court adopted the rule and language of People v. Hoin, 62 Cal. 120 , [ 45 Am. Rep. 651 ], and People v. Kernaghan, 72 Cal. 622 , [ 14 Pac. 560 ], a rule which ever since, without wavering, or hesitation," has been adopted by this court. The murder was committed in the presence of an…