5 Md. App. 440 - Duncan v. State’s Empirical Analysis
1968
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently October 1997
22 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Chisley v. State · Connor v. State · Williams v. Graff · Shupe v. State · 2 Md. App. 565 - Barger v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"(a) Violation constitutes misdemeanor.—Any person who shall wilfully and maliciously destroy, injure, deface or molest any real or personal property of another shall be deemed guilty of a misdemean- or. "(b) Penalty where amount of damage is less than $300.—If the amount of damage to the property defaced, destroyed, injured, or molested has a value of less than $300, the person who violates this section, on conviction, is subject to a fine not exceeding $500 or imprisonment not exceeding 60 days or both. "(c) Penalty where amount of damage is greater than $300.—If the amount of damage to the property defaced, destroyed, injured, or molested has a value of S300 or more, the person who violates this section, on conviction, is subject to a fine not exceeding $2,500 or imprisonment not exceeding 3 years or both.””
2 later decisions quote this exact passage · from the majoritye.g. State v. Chyle · In Re Taka C.““We think that the special element of mens-rea in malicious mischief, designated in the statute as ‘wilfully and maliciously,’ requires either a specific intent to cause the destruction, injury, defacement or molestation of property of another, or an act done in wanton and wilful disregard of the plain and strong likelihood of such harm, without any justification, excuse, or substantial mitigation.””
2 later decisions quote this exact passage · from the majority““(1) as to the property: it may be real or personal property but must be that of another; (2) as to the mischief: the property must be destroyed, injured, defaced or molested; (3) as to the mens-rea: the mischief must be wilful and malicious.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.