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Criminal Law Keyed to Kadish
State v. Stasio
Citation:
78 N.J. 467 (1979)Facts
On October 7, 1975, defendant Stasio was at the Silver Moon Tavern in Clifton, New Jersey, playing pool and drinking from about 11:00 A.M. until 3:00 P.M. He returned to the tavern around 5:40 P.M., approached the bartender Peter Klimek, and demanded money from the cash register. When Klimek refused, Stasio pulled out a knife and threatened him. Klimek grabbed Stasio’s hand, and a patron named Colburn helped subdue him until police arrived. Officer Rowan testified that Stasio responded to questions normally and walked without difficulty. Both Klimek and Colburn stated that Stasio did not appear drunk. Before trial, defense counsel informed the court that the defense would be that Stasio was too intoxicated to form the intent to rob. The trial court stated it would instruct the jury that voluntary intoxication was not a defense, which led the defendant not to testify. The defendant was convicted, but the Appellate Division reversed, holding that voluntary intoxication could negate the specific intent element of assault with intent to rob.
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