from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
DRUNKENNESS. 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 Mison's R. 28; Amer. Jurist, vol. 3, p. 5-20; Martin and Yeager's. R.
133, 147;. Dane's Ab. Index, h.t.; 1 Russ. on Cr. 7; Ayliffe's 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; Ray's Med. Jur. ch. 23, 24; Fonbl. Eq. B.
2, 3; 22 Am. Jur. 290; 1 Fodere, Med. Leg. Sec. 215. Vide Ebriosity;
Habitua. drunkard.