In Re Marriage of Joseph

Defendant Steven Louis Ricardi was driving under the influence of alcohol when his car crossed the center divider of a highway and collided head-on with another vehicle. The driver of the other car was killed and a passenger in the other car was seriously injured. Defendant was convicted by a jury of second degree murder and other offenses arising from the accident. The principal contention on appeal is that the jury should have been instructed that defendants intoxication may have rendered him incapable of harboring the malice aforethought required for murder. Since this argument is supported by the applicable authorities we must reverse the murder conviction.