649 P.2d 1053 | Colo. | 1982
The defendant, Francesco R. Campisi, was convicted by an Adams County jury of second-degree murder. Section 18-3-103, C.R.S.1973 (1978 Repl.Vol. 8).
In this appeal, the defendant challenges the constitutionality of section 18-3-103(2), C.R.S.1973 (1978 Repl.Vol. 8), along with the court’s instruction to the jury that voluntary intoxication is not a defense to the crime charged.
Defendant’s argument that section 18-3-103(2), C.R.S.1973 (1978 Repl.Vol. 8) is violative of the Due Process Clause of both the United States and the Colorado Constitutions has been repeatedly rejected by this court. See People v. Morgan, Colo., 637 P.2d 338 (1981); People v. White, 199 Colo. 82, 606 P.2d 847 (1980); People v. DelGuidice, 199 Colo. 41, 606 P.2d 840 (1980). It is settled law in Colorado that section 18-3-103(2) is constitutional.
Defendant also argues that the trial court erred by instructing the jury that voluntary intoxication is not a defense to second-degree murder. Again, this contention assails previously established law in Colorado. See People v. Morgan, supra; People v. DelGuidice, supra. The defendant’s argument here, accordingly, must fail.
Judgment affirmed.
. Section 18-3-103, C.R.S.1973 (1978 Repl.Vol. 8), reads:
Murder in the second degree. (1) A person commits the crime of murder in the second degree if:
(a) He causes the death of a person knowingly, but not after deliberation.
(2) Diminished responsibility due to lack of mental capacity or self-induced intoxication is not a defense to murder in the second degree.
(3) Murder in the second degree is a class 2 felony.