Opinion · Court of Appeals for the D.C. Circuit
Proctor v. United States
Proctor v. United States, 177 F.2d 656 (Court of Appeals for the D.C. Circuit 1949)
- Type
- Opinion
- Court
- Court of Appeals for the D.C. Circuit
- Jurisdiction
- Federal
- Date
- 1949-10-17
- Topic
- general
How later courts describe this case
- intoxication no defense to using an automobile without the owner's consent
- breaking into post office—specific intent required
Citator
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- Cited by
- 20 opinions
PROCTOR v. UNITED STATES,177 F.2d 656(D.C. Cir. 1949)
PROCTOR v. UNITED STATES.
No. 10228.
United States Court of Appeals, District of Columbia Circuit.
Argued October 3, 1949.
Decided October 17, 1949.
Mr. Robert M. Scott, Assistant United States Attorney, Washington, D.C., with whom Messrs. George Morris Fay, United States Attorney, and Joseph M. Howard, Assistant United States Attorney, Washington, D.C., were on the brief, for appellee.
Before EDGERTON, PRETTYMAN and PROCTOR, Circuit Judges.
No rule is more firmly established than that voluntary drunkenness is no defense for a criminal act, unless specific intent or knowledge is an element of the offense, when drunkenness may be shown to prove mental incapacity to form the specific intent.
It is contended here that the crime involves a specific intent to temporarily appropriate the vehicle for a use inconsistent with the rights of the owner. That, of course, is a necessary result — the natural consequence of taking and using a vehicle without consent. But nothing in the statutory definition makes that result a special element of the offense itself. In our opinion, violation of the statute involves only a "general criminal intent," which may be presumed from doing the prohibited acts. This view, we think, does not conflict with the decision in Pennsylvania Indemnity Fire Corporation v. Aldridge, 1941,73 App.D.C. 161,117 F.2d 774, 133 A.L.R. 914. The judgment is
Affirmed.Page 658