Terrell v. State case brief summary
8 S.W. 212 (1888)
Defendant appealed a judgment of the
Circuit Court of Weakley County (Tennessee) upon a conviction for
CASE FACTS Defendant was convicted of mayhem for
using a brick to put out a prosecutor's eye.
On appeal, the court
The court ruled that the trial court did not err by
refusing defendant's instruction that specific intent was a necessary
element of the crime of mayhem.
The court noted that the phrases
indicating that intent was required were omitted from the current
version of the mayhem statute.
No words of the same or similar import
were substituted for them.
The court ruled that the use of the word
"maliciously" in the statute provided no justification for
the contention that the crime of mayhem could be committed only when
the blow was stricken for the purpose of inflicting that particular
injury upon the victim.
The court held that a specific intent to maim
was not a necessary ingredient in the crime of mayhem.
The court affirmed the judgment against defendant. Recommended Supplements for Criminal Law
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