State v. Stasio

396 A.2d 1129 (1979)

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Nature of the Case

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Facts

Colburn arrived at the Silver Moon Tavern about 11:00 A.M. and started to play pool. Sometime before noon D joined him. They stayed together until about 3:00 P.M. when D left. D had been drinking, but Colburn's opinion was that D was not intoxicated. Peter Klimek arrived at the Tavern shortly before 5:00 P.M. and assumed his shift at tending bar. At approximately 5:40 P.M., D entered and walked in a normal manner to the bathroom. D then returned to the front door, looked around outside and approached the bar. D demanded that Klimek give him money. D then threatened Klimek when Klimek refused to comply. D went behind the bar toward Klimek and insisted that Klimek give him $80 from the cash register. Klimek refused, and D pulled out a knife. Klimek grabbed D's right hand and Colburn, who had jumped on top of the bar, seized D's hair and pushed his head toward the bar. D then dropped the knife. D was immediately arrested and responded to police questions normally and walked with no problems. No alcohol was noticed on D's breath. In camera, the trial court stated that it would charge that 'voluntary intoxication was not a defense to any act by D in this matter.' Because of this decision, D decided not to testify. D had no record of prior convictions. D was convicted and appealed. The Appellate Division reversed the convictions and ordered a new trial: specific intent is an essential element of the crime of an assault with intent to rob and that voluntary intoxication may be shown to negate that element of the offense. P appealed.