DRUNKENNESS (AS. druneennes, from dtuncen, p.p. of drinran, Icel. drekka, (loth. (trig hat?, trinchan, Ger. trinke», to drink). The mental and physical condition resulting from excessive drinking of intoxicating liquors. Its effect upon the contractual capacity of its victim is the same as that of insanity. In Lord Coke's time it was understood to be no ground for avoid ing a contract. "As for a drunkard," declares Lord Coke, "who is roluntarius dwrnon, he lath no privilege thereby." Such is not the legal rule to-day. It is now settled, in accordance with the dictates of good sense and common justice, that a contract made by a person so destitute of reason as not to know the consequences of his agreement, though his incompetency be produced by voluntary drunkenness, is voidable at his option.
Drunkenness can rarely he pleaded as a de fense in an action of tort (q.v.). It is said that there is no reported case in England warranting the view that it is ever so avoidable. In the l'nit•d States there is judicial authority. however. for the admission of this plea the tort com plained of involves a spec-hi] intent on the part of the defendant. Civil misconduct of that sort does not often come before the courts, and in the great majority of tort actions. such as those for assault and battery, for defamatii.n. for negli gence, and for trespass to hind, the drunkenness of the wrongdoer has been held not to constitute a defense.
In criminal law the general rule is well settled that drunkenness is not a justification or excuse for crime. To hold otherwise, it has been judi cially declared, would be dangerous to and sub versive of the public welfare. Still, when an
essential ingredient of the crime with which a prisoner is charged is the doing an act with a specific intent—as in entering a house by night with intent to commit larceny, or in assaulting a female with intent forcibly to ravish—the drunkenness of the actor may lie taken into ac count by the jury in determining whether lie acted with that specific intent. If the jury believe that lie was so drunk as to be incapable of forming such specific intent, they should acquit him of the offense charged.
In and by itself considered, drunkenness is not a legal offense, though drunken conduct in public may amount to a common nuisance, and is often made a statutory offense, punishable by sununary arrest. fine. and imprisonment.
When habitual it may also render the drunkard liable to a judicial inquisition. followed by the appointment of a committee or trustees to take the guardianship of him and his property, if he be found to he incapable of managing his own ( Consul t Kent, Commentaries on American Law; Polloek, Principles of Contract in Law and in Equity (2d American ed.. G. H. Wald. editor. Cincinnati, 1885) ; Bishop, Commentaries on Non-Contract Law (Boston, 1889) : Woodruff, Cases on Do mestic Relations and the Law of Persons, part v. (Ne• York, 1i)7). See ALconot,, Pitystotont CM. AND POISONOUS ACTION 11F; LCOHOLI SM ; DIPSOMANIA; I NTOXICATION ; TEMPERANCE.