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BURTON v. U.S.

No. 99-CF-500.

818 A.2d 198 (2003)

Evelyn V. BURTON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 13, 2003.

Attorney(s) appearing for the Case

Todd S. Baldwin, Washington, DC, was on the brief for appellant.

Roscoe C. Howard, Jr., United States Attorney, and John R. Fisher, Roy W. McLeese, III, Marian Borum and Suzanne C. Nyland, Assistant United States Attorneys, were on the brief for appellee.

Before STEADMAN and FARRELL, Associate Judges, and BELSON, Senior Judge.

PER CURIAM.

A jury convicted appellant of malicious disfigurement while armed, aggravated assault while armed, and simple assault, all arising from injuries he inflicted on 66-year-old Myrtle Mackey. Appellant contends chiefly that the trial judge erroneously failed to instruct the jury on malice as an element of malicious disfigurement. It is true that in Perkins v. United States, 446 A.2d 19 (D.C.1982), the court listed as...

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