Committee Comments

This introductory instruction is meant for use with the crimes created by Title 21, Chapter 26, entitled Maiming. Section 751 sets forth the definition of maiming and creates a crime of maiming when the injury is inflicted upon another. Section 752 creates a crime of maiming when one injures oneself to avoid performance of any legal duty. The definition of "maiming" under section 752 is the same as under section 751. Sections 755 and 758 provide statutory guidelines as to the extent and permanency of the injury that must exist before the crime of maiming has been established. Sections 756 and 757 create an inference concerning the required mens rea and a statement as to the time of formation of the required mens rea. Section 754 indicates that it is immaterial how the maiming injury occurred. Hence, the manner or means of inflicting the injury does not need to be pleaded or proved by the State. Boulding v. State, 83 Okl. Cr. 352, 177 P.2d 152 (1947); Payne v. State, 21 Okl. Cr. 416, 209 P. 334 (1922). Section 759 sets forth the punishment permissible for the crimes of maiming.