o repudiate it and restore the consideration, if any, within a
reasonable time, he would become bound.
The courts are still more reluctant to admit intoxication as an excuse
for criminal acts. The courts hold that one who voluntarily deprives
himself of self-control must have intended the consequences, therefore
it is everywhere held that one who voluntarily becomes intoxicated,
although he did so with no purpose to commit a crime when intoxicated,
cannot claim immunity from criminal responsibility, or even a
mitigation of the penalty, though having no capacity to distinguish
between right and wrong. And yet, like so many legal rules, there are
some marked exceptions to this one. Thus, since burglary is the
entering of a house with the intent to commit a felony therein, one
who blunders into a strange house because he is too drunk to know
where he is or what he is doing has not committed the crime of
burglary. So one who carried off the property of another through
drunken ignorance does not commit larceny, as there is no intent in
such a case to convert the property to the taker's own use. Another
application has been made in cases of assault with intent to kill a
person.
Again, says Peck, "if one is visibly intoxicated, it is the duty of
those who come in contact with him to take his condition into account,
and their use of due care will be judged in view of that fact. Even if
the drunken person and the other are both negligent, the sober party
may be liable under the doctrine of the last clear chance, if he fails
to exercise toward the drunken man the degree of care which is
evidently required to avoid injuring him. Especially is a common
carrier, in dealing with a passenger who is on its car in an
intoxicated condition, bound to take his helpless condition into
account in removing him from the car or otherwise handling him, and
not put him in a place of manifest danger to one in his condition."
It has also been held that the intoxication of one who uttered a
slander may be admissible in mitigation of the damages, as utterances
of a drunken man could not seriously impair the reputation of any one.
=Equitable Remedies.=--Elsewhere we have told how courts of law differ
from courts of equity. In some states no separate courts exist, and
wherever legal proceedings are established by a code or system of
statute law, the form of complaint addressed to a court is quite the
same in an equity case as in any other. Bu
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