his part, as, for example, in consequence of inebriating substances having been mingled with his wine by his comrades, in which case he was relieved even from the punishment of _culpa_.[198] These views, in the main, gradually determined the German practice, and similar opinions prevailed in the practice of Italy, Spain, Portugal, and the Netherlands.[199] In the annals of Prussian criminal justice of 1824, a case is reported of a man who was punished with only one year's imprisonment for having killed his little child in a state of drunkenness.[200] In other countries a different principle was acted upon. An ordinance of Francis I. declared that drunkenness should not in any case absolve from the ordinary punishment;[201] and this rule was sanctioned and {281} applied by the later French jurisprudence.[202] In the Code Pénal, the state of drunkenness is not mentioned as a mitigating circumstance; yet the rigour of the law has been tempered by the doctrine that intoxication produces a temporary insanity and that every kind of insanity is a ground of exculpation.[203] In England,[204] Scotland,[205] and the United States,[206] a state of voluntary drunkenness is no excuse for crime. Speaking of a person who commits homicide when drunk, Hale says that "by the laws of England such a person shall have no privilege by this voluntary contracted madness, but shall have the same judgment as if he were in his right senses."[207] However, in a case where the intention with which the act was done is the essence of the offence, the drunkenness of the accused may be taken into account by the jury when considering the motive or intent with which he acted.[208] According to Chinese law, also, intoxication does not affect the question of responsibility.[209] [Footnote 193: _Digesta_, xlviii. 19. 11. 2; xlix. 16. 6. 7. Mommsen, _Römisches Strafrecht_, p. 1043.] [Footnote 194: _Digesta_, xlviii. 19. 11. 2.] [Footnote 195: Gratian, _Decretum_, ii. 15. 1. 7.] [Footnote 196: _Ibid._ ii. 15. 1. 9.] [Footnote 197: Mittermaier, _Effect of Drunkenness on Criminal Responsibility_, p. 6.] [Footnote 198: Clarus, _Practica criminalis_, qu. lx. nr. 11 (_Opera omnia_, ii. 462).] [Footnote 199: Mittermaier, _op. cit._ p. 7. Du Boys, _Histoire du droit criminel de l'Espagne_, p. 290. Italian _Codice Penale_, art. 46 _sqq._ Spanish _Código Penal reformado_, art. 9, §6.] [Footnote 200: _Zeitschr. f. die Criminal-Rechts-Pflege in den Preussischen Staaten_, edited by Hitzig, iii. 60.] [Footnote 201: Isambert, Decrusy, and Armet, _Recueil général des anciennes lois françaises_, xii. 527.] [Footnote 202: Mittermaier, _op. cit._ p. 8.] [Footnote 203: _Ibid._ p. 12 _sq._ Rivière, _loc. cit._ p. 7.] [Footnote 204: Stephen, _History of the Criminal Law of England_, ii. 165.] [Footnote 205: Hume, _Commentaries on the Law of Scotland_, i. 38. Erskine-Rankine, _op. cit._ p. 545.] [Footnote 206: Bishop, _op. cit._ § 400 _sq._ vol. i. 231 _sqq._]