Opinion

Perkins v. United States

  • 446 A.2d 19
  • 1982 D.C. App. LEXIS 363
Court
District of Columbia Court of Appeals
Filed
May 24, 1982
Status
Published
Author
Nebeker
On the bench
Nebeker, MacK, Fer-Ren
Cited by
37 cases
Authority
More cited than 10.4%

the crime of malicious disfigurement required that as a result of a permanent injury, a person must be appreciably less attractive or that a part of the body must be to some appreciable degree less useful

How later courts described this case

  • the crime of malicious disfigurement required that as a result of a permanent injury, a person must be appreciably less attractive or that a part of the body must be to some appreciable degree less useful
  • “Since the episode occurred over a long period [one and one-half hours] and numerous weapons were used before and after the demand for money, it cannot be said that the events were so unitary as to present a situation where merger is arguable”
  • permanent disfigurement, for purposes of malicious disfigurement, means that the person was “appreciably less attractive or that part of his [or her] body is to some appreciable degree less useful or functional than it was before the injury”
  • defining “disfigure” as “to make less complete, perfect, or beautiful in appearance or character”

Written by the judges who cited it.

The opinion

NEBEKER, Associate Judge,

dissenting:

I cannot agree that the malicious disfigurement proscription of D.C.Code 1973, § 22-506 is simply a “sentencing statute” that preserves the requirements of specific intent and malice. The malicious disfigurement proscription differs from the Coventry Act and the Maryland Act (Md.Ann. Code art. 27, § 385 (1976 Supp.)) by deleting the specific intent element and substituting the element of malice which is a less arduous element than specific intent or malice aforethought. Burge v. United States, 26 App.D.C. 524 (1906); Hamilton v. United States, 26 App.D.C. 382 (1905). In my view that dispels any notion that specific intent need be proved. See W. LaFave & A. Scott, Handbook on Criminal Law § 83 at 616 (1972); see, e.g., Wis.Stat.Ann. § 940.21 (West); see also Charles v. United States, D.C.App., 371 A.2d 404, 411 (1977) (malicious destruction of stolen property); Nichols v. United States, D.C.App., 343 A.2d 336, 341 (1975) (malicious destruction of property); Curry v. United States, D.C.App., 322 A.2d 268 (1974) (malice for second-degree murder); United States v. Hinkle, 159 U.S.App.D.C. 334 , 487 F.2d 1205 (1973) (malice in homicide instruction). The words of the statute, being a substantive change or repeal of the earlier proscription, should be construed in their ordinary sense and with the legal meaning commonly attributed to them. United States v. Young, D.C.App., 376 A.2d 809, 813 (1977); United States v. Thompson, D.C.App., 347 A.2d 581, 583 (1975). The only explanation for this holding lies in a penchant to make criminal law enforcement more complex and difficult without achieving any good end.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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