NCJ Number
131473
Journal
Kriminalist Volume: 22 Issue: 7/8 Dated: (Juli/August 1990) Pages: 324-326
Date Published
1990
Length
3 pages
Annotation
The article evaluates two 1990 decisions of West German appellate courts.
Abstract
First, a Dortmund appellate court ruled that the offense of assault with a deadly weapon is established even when the victim recognizes that the offender is using a toy gun. Both the victim and a witness realized that the offender's weapon was a toy and attacked him, whereupon the offender attempted to escape. The author agrees with the appellate court that the victim's awareness of the nature of the gun does not invalidate the offender's attempt to use deadly threat in committing a crime. In the second case, a Hannover appellate court ruled that the laws of driving under the influence also apply to the drivers of towed vehicles. The offender was in the driver's seat of his wife's incapacitated car which was being towed by a relative. A blood test taken immediately after the towing indicated that the offender was heavily intoxicated. The author agrees with the appellate court's decision that the demands of driving a towed vehicle are just as exacting and just as likely to be hurt by alcohol abuse as the normal driving situation.