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Joyce v. United States

District of Columbia Court of Appeals
Dec 2, 1969
259 A.2d 363 (D.C. 1969)

Summary

In Joyce v. United States, 259 A.2d 363 (D.C.App. 1969), the defendant took an American flag off a wooden post, tore it, and tied its pieces to his index finger and raised his hand with index and middle fingers in a V-position, waving it over his head.

Summary of this case from State v. Nicola

Opinion

No. 5001.

Argued October 20, 1969.

Decided December 2, 1969.

Appeal from the District of Columbia Court of General Sessions, Harold H. Greene, J.

Joel A. Forkosch, New York City, for appellant.

John Ellsworth Stein, Asst. U.S. Atty., with whom Thomas A. Flannery, U.S. Atty., John A. Terry and John F. Evans, Asst. U.S. Attys., were on the brief, for appellee. Roger E. Zuckerman, Asst. U.S. Atty., also entered an appearance for appellee.

Before HOOD, Chief Judge, and FICKLING and KERN, Associate Judges.


The trial court sitting without a jury, found appellant guilty of violating 18 U.S.C. § 700 (1968). The arresting officer testified that on Inauguration Day 1969, at approximately 11:10 a. m., he observed appellant standing with two women at the rear of a crowd five to seven people deep along the Inaugural parade route, at the corner of 15th Street and Pennsylvania Avenue, N.W. Appellant was holding a small American flag approximately 4 inches wide, 6 inches long and attached to a 7-inch wooden post.

The pertinent provision provides that (a) Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling on it shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both.

He took the flag off the post, tore it, then folded it lengthwise and, with the assistance of one of his friends, tied it to his right index finger and raised his hand with the index and middle finger in a V position and waved it back and forth above his head until the flag became loose, whereupon he tightened it with his teeth and continued to display the V sign.

Appellant's attack on the constitutionality of the statute has been met and rejected in our decision in Hoffman v. United States, D.C.App., 256 A.2d 567 (1969).

Upon a careful examination of the record, we hold that there was sufficient evidence from which the trial court could find beyond a reasonable doubt that appellant knowingly cast contempt upon the flag by publicly mutilating it.

Affirmed.


Summaries of

Joyce v. United States

District of Columbia Court of Appeals
Dec 2, 1969
259 A.2d 363 (D.C. 1969)

In Joyce v. United States, 259 A.2d 363 (D.C.App. 1969), the defendant took an American flag off a wooden post, tore it, and tied its pieces to his index finger and raised his hand with index and middle fingers in a V-position, waving it over his head.

Summary of this case from State v. Nicola

In Joyce, the court held the desecration statute constitutional and affirmed the conviction of the defendant, who ripped a small flag off a post, tore it, tied it to his index finger, and waved it as part of the v-symbol.

Summary of this case from State v. Mitchell
Case details for

Joyce v. United States

Case Details

Full title:Thomas Wayne JOYCE, Appellant, v. UNITED STATES, Appellee

Court:District of Columbia Court of Appeals

Date published: Dec 2, 1969

Citations

259 A.2d 363 (D.C. 1969)

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