Drunkenness

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Drunkenness

The state of an individual whose mind is affected by the consumption of alcohol.

Drunkenness is a consequence of drinking intoxicating liquors to such an extent as to alter the normal condition of an individual and significantly reduce his capacity for rational action and conduct. It can be asserted as a defense in civil and criminal actions in which the state of mind of the defendant is an essential element to be established in order to obtain legal relief.

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.

References in classic literature ?
Send the drunken brute away, and come back directly.
The ground was covered by groups of the Indians, motionless in their drunken sleep; it seemed a battlefield strewn with the dead.
However, I was glad to avert what was uncommonly near a scuffle, even at the price of the captain's drunken ill-will.
said Caderousse, rising with all the offended dignity of a drunken man, "I can't keep on my legs?
When inflamed by this fiery beverage, they cut all kinds of mad pranks and gambols, and sometimes burn all their clothes in their drunken bravadoes.
His excitement, of course, increased greatly at sight and touch of the individual for whose blood he had been making application: he struggled and struck with fury--but a drunken man is no match for a sober one; and, even in his normal state, Pelet's worn out frame could not have stood against my sound one.
Light of my heart, protector of the drunken, mountain of might, give ear
Pittacus was the author of some laws, but never drew up any form of government; one of which was this, that if a drunken man beat any person he should be punished more than if he did it when sober; for as people are more apt to be abusive when drunk than sober, he paid no consideration to the excuse which drunkenness might claim, but regarded only the common benefit.
Only at intervals did some little ragged boy raise himself on tiptoe as far as the ledge, and hurl into the drinking-shop, that ancient, jeering hoot, with which drunken men were then pursued: "Aux Houls, saouls, saouls, saouls
She was a simple country-woman--a mother, it's true-- and perhaps, who knows, she may have been the wife of the drunken soldier!
Another voice, from a man of medium height with clear blue eyes, particularly striking among all these drunken voices by its sober ring, cried from the window: "Come here; part the bets
Monty himself was unkempt and unwashed, his eyes were bloodshot, and he had fallen half across the table with the gesture of a drunken man.