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Andrade v. State

Supreme Court of Nevada
Mar 26, 1971
87 Nev. 144 (Nev. 1971)

Opinion

No. 6340

March 26, 1971

Appeal from the Eighth Judicial District Court, Clark County; Clarence Sundean, J.

Robert G. Legakes, Public Defender, and Morgan D. Harris, Deputy Public Defender, Clark County, for Appellant.

Robert List, Attorney General, Roy A. Woofter, District Attorney, and George D. Frame, Deputy District Attorney, Clark County, for Respondent.


OPINION


A jury convicted Andrade of the crime of forgery, NRS 205.090, one element of which is the specific intent to defraud, prejudice or damage another. His appellate claim is that he could not have possessed the specific intent required by statute since he was intoxicated. Of course, voluntary intoxication, though not an excuse for crime, may be considered in determining intent, NRS 193.220, and the court so instructed the jury. We assume that the jury did so. King v. State, 80 Nev. 269, 392 P.2d 310 (1964). In any event there is substantial evidence from which the jury could conclude that Andrade's intoxication was not so gross as to preclude his intention to defraud. King v. State, supra.

Affirmed.


Summaries of

Andrade v. State

Supreme Court of Nevada
Mar 26, 1971
87 Nev. 144 (Nev. 1971)
Case details for

Andrade v. State

Case Details

Full title:JOSEPH ANDRADE, APPELLANT, v. STATE OF NEVADA, RESPONDENT

Court:Supreme Court of Nevada

Date published: Mar 26, 1971

Citations

87 Nev. 144 (Nev. 1971)
483 P.2d 208

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